Akbar Ali v. The State of Assam

ORDER

06.02.2024

Heard Mr. A.M. Khan, learned counsel for the applicant and Mr. R.J. Barua, learned Additional Public Prosecutor for the State respondent.

¶2This application, under Section 438 of the Code of Criminal Procedure, is preferred by applicant namely, Akbar Ali, who has been apprehending arrest in connection with Palashbari P.S. Case No. 404/2023, under Sections 379/420/406/34 of the IPC, for grant of pre-arrest bail. Page No.# 2/2

¶3The said case was registered on the basis of an FIR lodged by one Jadu Das, on 03.11.2023. The essence of allegations made in the FIR is that the informant along with two others namely, Akbar Ali and Sunil Sahu, have started a business by executing an agreement on 21.12.2021, in the name of M/S Kayala Export and after few days Akbar Ali and Sunil Sahu misappropriated a sum of Rs. 2,00,000/- and also stole 36 tons of coal from the informant and sold the same.

¶4Mr. Khan, learned counsel for the applicant submits that this Court was pleased to grant interim protection to the applicant, vide order dated

20.12.2023, and pursuant to the said order, the applicant had appeared before the IO and has been cooperating with the investigating agency and therefore, it is contended to make the interim order dated 20.12.2023, absolute in the same terms and conditions.

¶5Mr. Barua, learned Additional Public Prosecutor submits that he has not received the case diary, but he has the instruction that the I.O. has already completed investigation and laid Charge-Sheet against the applicant, under Sections 379/420/406/34 of the IPC, vide Charge-Sheet No. 332/2023, dated

31.12.2023.

¶6In view of above, this anticipatory application stands disposed of by directing the applicant to appear before the learned court below on or before

22.02.2024, and to apply for regular bail and in event of filing such an application, the learned Court below shall consider the same in accordance with law.

¶7Till then, the interim order dated 20.12.2023, stands extended.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010286562023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4264/2023 AKBAR ALI S/O LATE ABDUR RAHMAN VILL- HALDIBARI NO. 1, P.S. LAKHIPUR DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, TO THE GOVT. OF ASSAM Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN