Sultan Ali v. The State of Assam

ORDER

20.11.2024

Heard Mr. R. Islam (Bail Appln. No. 2774/2024) and Mr. A. Khanikar (Bail Appln. No. 2754/2024), learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to the accused/petitioners, who were arrested on 10.07.2024 and 08.08.2024, respectively, in connection with Tezpur P.S. Case No. 294/2024 under Sections 20(b)(ii)(c) of the NDPS Act, 1985. The case was listed today for production of the Case Diary before this Court, however, Mr. Goswami, learned Additional Public Prosecutor has submitted that the I.O. has already filed Charge-Sheet in these cases, vide Charge-Sheet No. 522/2024, dated 28.10.2024. In this regard, Mr. Islam and Mr. Khanikar, learned counsel for the petitioners, submit that the petitioners may be allowed to move an application for regular bail before the learned Trial Court, and that the petitioners will appear before the learned Court below and participate in the trial. Page No.# 3/3 Considering the submissions of learned counsels for both sides and also considering the fact that the cases has already been Charge-Sheet, vide Charge-Sheet No. 522/2024, dated 28.10.2024, it is provided that the petitioners shall appear before the learned Court below and on their appearance and on their filing a petition for grant of regular bail, the learned Court below shall consider the same in accordance with law.

In terms of above, these bail applications stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010186742024 2024:GAU-AS:11299 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2774/2024 SULTAN ALI S/O JAHER ALI, R/O VILL. DHANSIRIKHUTI, P.O. BHALUKMARI, PS. ROWTA, DISTRICT UDALGURI, ASSAM, PIN 784508 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR R ISLAM, S PAUL,MS. A HUSSAIN,MS M KURMI Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2754/2024 MD MUJAHIRUL ISLAM S/O- LATE SABDUL SHEIKH R/O- VILLAGE- JURGARH P.S- TEZPUR DIST- SONITPUR ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. JAGANNATH HATIMURIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA