Saiful Islam @ Dabbu v. The State of Assam

ORDER

11.12.2024

Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. K. Baishya learned Additional Public Prosecutor appearing for the State respondent No.1 and Mr. F. A. Hassan, learned counsel appearing for the respondent No.2. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioners, namely, Saiful Islam @ Dabbu, in connection Page No.# 2/2 with PRC Case No. 235/2024, arising out of Patacharkuchi PS Case No. 138/2024 registered

under Section

61(2)/329(4)/190

/ 118(2)/109/103(1) of the BNS, 2023 R/W Section 25(1)(a)/27/35 of the Arms Act. It is submitted by the learned counsel for the petitioner that charge-sheet has been laid in this case but the trial court vide its order dated 04.10.2024 has rejected the bail application on the ground that as the alleged offence is exclusively triable by the court of Sessions, Magistrate court has no jurisdiction to entertain the bail. On the other hand, learned Additional Public Prosecutor submitted that as charge-sheet has been laid against the petitioner showing him as an absconder, so the petitioner may approach before the trial court seeking regular bail. Mr. F. A. Hassan, learned counsel appearing for the respondent No.2 has made objection in granting bail to the petitioner. In view of the above, bail application stands disposed of with a direction to the petitioner to approach before the trial court and in the event of filing any bail application, the trial court may consider the matter in accordance with law. Accordingly, the anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010229832024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2895/2024 SAIFUL ISLAM @ DABBU S/O ABDUL KHALEK R/OVILL- SATBOINIRTUP P.O. KALAHBHANGA, P.S. BARPETA ROAD, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, MR. F A HASSAN (INFORMANT) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI