Gauhati High Court
AB/4430/2021 of JEHERUL ALI @ JEHERUL ISLAM @ DHAN Vs THE STATE OF ASSAM on 29 December 2021
GAHC010228582021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4430/2021 JEHERUL ALI @ JEHERUL ISLAM @ DHAN S/O EYAJUDDIN AHMED R/O VILL- BISHNUPUR P.S. SIPAJHAR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate
Arguments
GAHC010228582021
THE GAUHATI HIGH COURT(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/4430/2021
JEHERUL ALI @ JEHERUL ISLAM @ DHAN S/O EYAJUDDIN AHMED R/O VILL- BISHNUPUR P.S. SIPAJHAR DIST. DARRANG, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
29.12.2021
O R D E R
Heard Mr. A. Ahmed, learned counsel for the petitioner as well as Mr. K.K.Parasar, learned Addl. Public Prosecutor appearing for the State.
By filing this application under section 438 Cr.P.C., the petitioner isseeking pre-arrest bail in connection with Spl (P) Case No. 30/2021corresponding to Darrang P.S. Case No. 1082/2018, under section 366(A) IPC.
It is projected that the said case has been charge-sheeted and thepetitioner has been shown as absconder.
The learned counsel for the petitioner, upon instruction, submits that the next date of appearance on 18.01.2022 before the Special Judge, Darrang,Mangaldai.
The learned Addl. P.P. has objected to the said prayer for pre-arrest bail as well as interim bail to the petitioner on the ground that this is a case of religiousconversion and apart from Section 366 A, the petitioner is also charged underSection 4 of the POCSO Act.
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Having regard to the projection that the charge-sheet has been submitted in Special POCSO Case No. 30/2021 and the next date is fixed on 18.01.2022,the Court is inclined to disposed of this instant bail application without callingthe case diary by providing that the petitioner shall surrender before the SpecialJudge, Darrang, Mangaldai on or before 18.01.2022. Upon appearance, it wouldbe upon to the learned Trial Court to pass an appropriate order having regard tothe nature of offence and the materials contents in the case diary without beinginfluenced by this order granting interim bail to the petitioner.
As an interim measure and until appearance of the petitioner on or before 18.01.2022 before the learned Special Judge, Darrang, Mangaldai, it is providedthat in the event of arrest of the petitioner namely Jeherul Ali @ Jeherul Islam@ Dhan, shall be released on interim bail upto 18.01.2022 or till appearancebefore the Court on furnishing bail bond of Rs.20,000/- with one suitable surety of like amount to the satisfaction of the arresting officer.
The instant bail application stands disposed of.
JUDGE
Comparing Assistant
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