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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
PARTHIVJYOTI SAIKIA, J.
SATTAR ALI S/O LATE AJGAR ALI – Petitioner
Versus
THE STATE OF ASSAM – Respondent
AB No. 1063 of 2024
Decided On : 16-08-2024
BAIL - PRE-ARREST BAIL - The Court addressed an application for pre-arrest bail under Section 438 of the CrPC, emphasizing the importance of the charge sheet filed against the petitioners. The Court directed the petitioners to seek regular bail from the trial court, indicating that the filing of the charge sheet impacts the bail process.
Fact of the Case:
The petitioners applied for pre-arrest bail in connection with a case registered under Sections 326/307/34 of the IPC, following the filing of a charge sheet against them.
Finding of the Court:
The Court acknowledged the submission of the charge sheet and directed the petitioners to approach the trial Court for regular bail, while allowing an interim order for one petitioner to continue until the specified date.
Issues: Whether the petitioners are entitled to pre-arrest bail given the filing of the charge sheet in the case.
Ratio Decidendi: The Court determined that the filing of the charge sheet necessitates the petitioners to seek regular bail from the trial court, as it signifies the progression of the case against them.
Result: The application for pre-arrest bail was closed and disposed of, with directions for the petitioners to seek regular bail on a specified date.
ORDER :
1. Heard Mr. K. Bhuyan, the learned counsel appearing for the petitioners. Also heard Mr. K.K. Parasar, the learned Addl. Public Prosecutor, Assam.
2. This is an application under Section 438 of the CrPC praying for grant of pre-arrest bail in connection with Patacharkuchi P.S. Case No. 72/2024, registered under Sections 326/307/34 of the Indian Penal Code.
3. Mr. K.K. Parasar, the learned Addl. Public Prosecutor, Assam on instructions submits that in this case, charge sheet being C.S. No. 107/2024 dated 30.06.2024 has been filed against the present petitioners.
4. Since the charge sheet has been filed, the petitioners are directed to approach the learned trial court on 27.08.2024 for seeking regular bail.
5. The interim order passed earlier in respect of the petitioner Sattar Ali shall continue till 27th August, 2024.
6. With the aforesaid direction, the application for bail stands closed and disposed of.
The filing of a charge sheet under the CrPC influences the bail process, requiring petitioners to seek regular bail from the trial court.
Pre-arrest bail may be granted considering the petitioner's youth, character, and willingness to comply with court conditions, even in serious offences.
The court's decision was influenced by the lack of substantive allegations requiring custodial detention and the need for the Applicant's cooperation with the investigation.
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