THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM
Case at a glance
- Decided
- 21 Mar 2024
- Bench
- MALASRI NANDI
Outcome
Disposed of
In view of above, the present petition is disposed of with a direction
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 379, 411
- Assam Cattle Preservation Act, 2021 s. 13(1)
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2895/2022 AZAD ALI AND ANR S/O LATE FAYEJ UDDIN VILL- GERAMARI PART-I, P.O. GERAMARI, P.S. GAURIPUR DIST. DHUBRI, PIN-783339, STATE-ASSAM 2: RAFIKUL ISLAM @ OPIAL HAQUE S/O ATOWAR RAHMAN VILL- GERAMARI PART-I P.O. GERAMARI P.S. GAURIPUR DIST. DHUBRI PIN- 783339 STATE- ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B PATHAK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI Date : 21.03.2024 ORDER Page No.# 2/2 Heard Mr. B. Pathak, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioners, namely, Azad Ali and Rafikul Islam @ Opial Haque, in connection with Gauripur P.S. Case No. 258/2022, registered under Section 379/411/34 of IPC r/w Section 13(1) of Assam Cattle Preservation Act, 2021. Mr. Gogoi, learned Additional Public Prosecutor submits that in this case, charge-sheet has already been submitted vide C.S. No. 451/2023 dated 24.08.2023. It is also submitted that interim protection has already been granted to the petitioners by this Court vide order dated
Operative part
29.09.2022. In view of above, the present petition is disposed of with a direction to the petitioners to appear before the learned court below within 10 days from today and if any bail application is filed, the same will be considered by the learned trial court in accordance with law. Till such appearance, the interim protection granted to the petitioners shall remain in force. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of above, the present petition is disposed of with a direction
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 34, 379, 411; Assam Cattle Preservation Act, 2021 — s. 13(1).
Which court decided this case, and when?
Gauhati High Court, on 21 Mar 2024. The bench was MALASRI NANDI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.