Page No.# 1/3 vs The State Of Assam
2023 Latest Caselaw 2622 Gua

                                                              Page No.# 1/3

GAHC010132392023




                         THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : Bail Appln./2164/2023

          ABU BAKKAR ALI AND 2 ORS
          S/O LT. KURPAN ALI
          VILL- KOLBARI
          P.S. SORBHOG
          DIST. BARPETA, ASSAM

          2: AMZAD ALI
           S/O LT. KURPAN ALI
          VILL- KOLBARI
          P.S. SORBHOG
          DIST. BARPETA
          ASSAM

          3: ABU TALEB
           S/O LT. KURPAN ALI
          VILL- KOLBARI
          P.S. SORBHOG
          DIST. BARPETA
          ASSA

          VERSUS

          THE STATE OF ASSAM
          REP. BY THE PP, ASSAM

Advocate for the Petitioner : MR M H AHMED
Advocate for the Respondent : PP, ASSAM
                                                                                 Page No.# 2/3

                                           BEFORE
           HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                            ORDER

20-06-2023

Registry shall call for the scanned copy of the records of Sorbhog P.S. Case No.31/2023 along with the injury reports, post mortem report of the victim and deceased respectively relating to said Sorbhog P.S. Case No.31/2023.

List on 28.06.2023.

On the said date, the concerned Investigating Officer of said Sorbhog P.S. Case No.31/2023 shall also produce the FSL report.

Though the petitioner has placed a copy of the judgment of Hon'ble Apex Court in the case of Ritu Chhabaria Vs. Union of India and others [WP(Crl) No.60/2023] decided on 26.04.2023 and submitted that the petitioners herein are entitled to be released on default bail as they were arrested on 15.02.2023, whereas, the charge-sheet in the case was filed on

16.05.2023 (on 90th day) and that an incomplete charge-sheet was filed by the concerned I.O. of the case against them.

But from the perusal of the charge-sheet filed in the case annexed to this petition, it clearly reveals that the investigation of the case was complete and was waiting only for the FSL report as well as CDR report of the accused person.

On considering the judgment of the Hon'ble Apex Court in the case of Ritu Chhabaria (supra), on perusal it is found that it was a case, where, the investigation was not at all complete and a charge-sheet was filed in that case and in that background the Hon'ble Apex Court passed the said order dated 26.04.2023. But in the case in hand investigation was complete and was waiting for the FSL and CDR Reports. As such, the judgment of the Hon'ble Apex Court relied by the petitioner is not applicable in the present case.

JUDGE Page No.# 3/3

Comparing Assistant