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2026 DAILYLAW 12700 (GAU)

AJAY PAUL v. THE STATE OF ASSAM

I.A.(Crl.)/836/2026 · 2026-08-18

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010171682026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/836/2026 AJAY PAUL S/O LATE CHITTA RANJAN PAUL, R/O MANKACHAR BAZAR, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN 783131 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, Linked Case : AB/1493/2026 AJAY PAUL S/O- LATE CHITTA RANJAN PAUL R/O- MANKACHAR BAZAR P.S. MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSAM PIN-783131. VERSUS THE STATE OF ASSAM Page No.# 2/3 REPRESENTED BY PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. S C BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 19.08.2026 1. Heard Mr. SC Biswas, the learned counsel for the petitioner. 2. This Interlocutory Application has been filed by the petitioner, Ajay Paul in connection with AB No. 1493/2026, seeking modification of the order inasmuch as it is submitted by the learned counsel for the petitioner that some sections involved in the case pending before the court of learned Chief Judicial Magistrate, South Salmara, where inadvertently not mentioned in the Anticipatory Bail Application, consequently same were not reflected in the order dated 07.07.2026 passed in AB No. 1493/2026. 3. The learned counsel for the petitioner submits that though Sections 120B/406/379 of Indian Penal Code were mentioned in the paragraph No. 2 of the aforementioned order, however, Section 420 of the Indian Penal Code as well as Section 13(1) of the Assam Cattle Preservation Act were not mentioned in the said order. Hence, he prays for rectifying the said order. Page No.# 3/3 4. On perusal of the order dated 07.07.2026 passed in AB No. 1493/2026, it appears that the Anticipatory Bail application filed by the present petitioner was disposed of with an observation that the petitioner may move an application for bail before the trial court on the next date fixed and on his appearance the trial court shall consider the application as per law. 5. In view of the directions given by this court in paragraph No. 6 of the order dated 07.07.2026 passed in AB 1493/2026, even if there is some error in not mentioning some of the Sections in paragraph No. 2 of the said order, this court is of the considered opinion that no further rectification or modification is required as no relief was granted by the said order to the petitioner. Rather, the petitioner was given liberty to approach the trial court by filing an appropriate bail application. If the petitioner files a bail application before the trial court, he may mention relevant provision of law in the said bail application. 6. Since, the time granted for moving a bail application to the petitioner in the aforesaid order was only on 31.07.2026 and since the date has lapsed, 15 days more are granted to the petitioner to move a fresh bail application before the trial court. 7. Accordingly, the present IA stands disposed of. JUDGE Comparing Assistant