Jakir Hussain v. The State of Assam

ORDER Date : 06.02.2024

Heard Mr. I. A. Choudhury, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3

This is an application under Section 438 of the Code of Criminal Procedure, 1973 for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Jalukbari P.S. Case No. 759/2022, under Sections 294/326/ 427/506/34 of the Indian Penal Code.

Mr. K. K. Parasar, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No. 57/2024, dated 31.01.2024.

In this context, Mr. I. A. Choudhury, learned counsel for the petitioner, submits that the present petitioner is already on interim pre-arrest bail and hence his interim protection may be extended so that he can appear before the learned Trial Court seeking regular bail.

Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide Charge-Sheet No. 57/2024, dated 31.01.2024, it is provided that the petitioner shall appear before the learned Court below within 15 (fifteen) days from today and on his appearance and on his filing a petition for grant of regular bail, the learned Court below shall consider the same in accordance with law.

Till then, it is provided that the interim pre-arrest bail, granted to the accused/petitioner by this Court vide order dated 26.05.2023, shall remain extended for another 15 (fifteen) days from today, enabling the petitioner to Page No.# 3/3 appear before the learned Court below for filing fresh application for regular bail.

In terms of above, this anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010110932023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1841/2023 JAKIR HUSSAIN S/O LT. MOMTAZ ALI R/O GARIGAON (OURTAL) P.S. JALUKBARI DIST. KAMRUP (M), ASSAM PIN-781013 VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA