Saha Alom v. The State of Assam

ORDER Date : 05.03.2024

Heard Mr. G. Chamuah, learned counsel for the applicant. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3

This is an application under Section 438 of the Code of Criminal Procedure, for grant of pre-arrest bail to the accused applicant, who is apprehending arrest in connection with Mererchar P.S. Case No. 44/2023, under Sections 14/15 Assam Game and Betting Act, corresponding to N.G.R. No. 510/2023.

Mr. D. B. Goswami, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary, but the case has already been Charge-Sheeted, vide Charge-Sheet No. 75/2023, dated

20.12.2023, and accordingly submitted that the present anticipatory bail application has become infructuous.

In this context, Mr. G. Chamuah, learned counsel for the petitioner, has submitted that after obtaining the order of interim pre-arrest bail, the petitioner has already appeared before the I.O. and his statement under Section 161 Cr.P.C. has already been recorded and hence, prayed for extending the interim pre-arrest bail till his appearance before the learned Court below. Considering the submissions made by the learned counsels appearing for both sides and also considering the fact that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 75/2023, dated 20.12.2023, the petitioner is hereby directed to appear before the learned Court below within 15 (fifteen) days from the date of passing of this order with an appropriate application for grant of regular bail, which shall be considered by the learned Court below in accordance with law.

Page No.# 3/3 Till then, interim protection extended to the accused/petitioner, namely, Saha Alom, vide order dated 21.07.2023, shall continue.

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

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010153412023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2495/2023 SAHA ALOM S/O LATE ABDUL MALEK R/O VILL- NARABHITA, PART-IV, P.O. NARABHITA P.S. MERERCHAR DIST. BONGAIGAON, ASSAM PIN CODE- 783384 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MRS. B GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA