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2025 DAILYLAW 16186 (GAU)

ABDUL MATIN v. THE STATE OF ASSAM

AB/2060/2024 · 2025-04-22

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010161192024 2025:GAU-AS:4832 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2132/2024 GIASUDDIN ALIAS GIASUDDIN AHMED S/O M. MARFAT ALI R/O VILL- NAGABADNDHA P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR J C BORAH, Advocate for the Respondent : PP, ASSAM, MR. A AHMED(INFORMANT) Linked Case : AB/2060/2024 ABDUL MATIN S/O LATE ALTAB ALI R/O VILL- GOROIMARI P.S. LAHARIGHAT DIST. MORIGAON ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR J C BORAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 23.04.2025 Heard Mr. J. C. Borah, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. These anticipatory bail applications under Section 482 of the BNSS, 2023 have been filed praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Laharighat P.S. Case No. 142/2024, under Sections 315/316(4)/318(4)/320 of BNS. The cases were fixed today for production of Case Diary; however, it is submitted by the learned Additional Public Prosecutor, Mr. Goswami, that the I.O. has already filed Charge-Sheet, vide Charge-Sheet No. 23/2025, dated 28.02.2025, and accordingly submitted that the present anticipatory bail applications have become infructuous. In this context, Mr. Borah, learned counsel for the petitioners, has submitted that after obtaining the order of interim pre-arrest bail, the petitioners have already Page No.# 3/3 appeared before the I.O. and their statements under Section 161 Cr.P.C. have already been recorded and hence, prayed for extending the interim pre-arrest bail till their appearance before the learned Court below. Considering the submissions made by the learned counsels appearing for both sides and also considering the fact that the I.O. has already filed Charge-Sheet No. 23/2025, dated 28.02.2025, the petitioners are hereby directed to appear before the learned Court below within 15 (fifteen) days from the date of this order with an appropriate application for grant of regular bail, which shall be considered by the learned Court below in accordance with law. Till then, interim pre-arrest bail granted to the accused/ petitioners, namely, (i) Giasuddin Alias Giasuddin Ahmed & (ii) Abdul Matin, vide order dated 11.09.2024, shall remain extended. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant