Md. Rajibul Mallik and Anr v. The State of Assam

ORDER

23.10.2024

Mr. A K Hussain and Mr. S C Biswas, both the learned counsels have appeared on behalf of the petitioners. Mr. R J Baruah, learned Additional Public Prosecutor, Assam has appeared on behalf of the State Respondent. The learned Additional Public Prosecutor submits that Police has filed Charge Sheet being C.S. No. 164/2024 date 08.10.2024. On the other hand, Mr. Hussain has submitted that he has the information that the charge sheet filed is lying in the Office of the Superintendant of Police, Bajali and not yet sent to the Court. Further, Mr. Biswas has submitted that this Court has already held that until a charge sheet is seen by Magistrate, the charge sheet is incomplete. I have considered the submission made by the learned counsel of both sides. Page No.# 3/3 Since the charge sheet has been filed, the petitioners are directed to approach the trial court for seeking regular bail. It is also made clear that if the prayers of the petitioners for bail are not granted by the trial court, they have the liberty to approach this court again. With the above, the bail applications are closed and disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010179522024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2628/2024 MD. RAJIBUL MALLIK AND ANR S/O MD. BILLAL MALLIK, R/O VILL- PAZAR BHANGA, P.O.-BARGHOL, P.S.- BAPETA, DIST- BARPETA, ASSAM, PIN-781302 2: MD. REZZAK MALLIK S/O MD. BILLAL MALLIK R/O VILL- PAZAR BHANGA P.O.-BARGHOL P.S.-BAPETA DIST- BARPETA ASSAM PIN-78130 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A K HUSSAIN, MR. B HUSSAIN Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2915/2024 MD. RAKIBUL ISLAM S/O SHAHJAHAN ALI R/O VILL- HAHCHARA P.O. BAGODI P.S. BARPETA DIST. BARPETA ASSAM PIN CODE- 781311 Page No.# 2/3 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. S C BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA