Page No.# 1/3 vs The State Of Assam
2023 Latest Caselaw 4502 Gua

                                                                      Page No.# 1/3

GAHC010247442023




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

                                 Case No. : Crl.Pet./1185/2023

            MD. SARAFAT ALI AND 2 ORS.
            S/O- LATE MAHMUD ALI, R/O- KHARPARI HABI, P.O. AND P.S. DALGAON,
            DIST. DARRANG, ASSAM, PIN- 784116.

            2: MD. RAHMAT ALI
             S/O- KABIR ALI
             R/O- KHARPARI HABI
             P.O. AND P.S. DALGAON
             DIST. DARRANG
            ASSAM
             PIN- 784116.

            3: MD. AULAT ALI
             S/O- EYAKUB ALI
             R/O- KHARPARI HABI
             P.O. AND P.S. DALGAON
             DIST. DARRANG
            ASSAM
             PIN- 784116

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE P.P., ASSAM



Advocate for the Petitioner   : MR. M SAIKIA

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 06.11.2023

Heard Mr. M. Saikia, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State. In this case, which is registered under Section 482 of the Code of Criminal Procedure, 1973, the petitioners, namely, (1) Md.Sarafat Ali, (2) Md. Rahmat Ali, and (3) Md.AulatAli have impugned the order dated 01.09.2023 and 14.09.2023 passed by learned Special Judge in Special (P) Case No. 68/2022 under sections 341/376/323/309 of the Indian Penal Code, read with Section 4 of the POCSO Act, 2012.

Learned counsel for the petitioner has submitted that the petitioners have been wrongly implicated in the POCSO case and on 01.09.2023, they appeared before the Trial Court in pursuant to the bailable warrant issued against them vide order dated 22.06.2023. However, their prayer for bail was rejected and they were remanded to custody.

It is further submitted that letter on, on 14.09.2023, the petitioners again filed a petition bearing no. 1110/2023, praying for their bail, however, learned Trial Court kept that prayer petition pending by observing that the said petition shall be considered after the evidence of the victim girl is recorded.

Learned counsel for the petitioner has submitted that as per judgment passed by Hon'ble Apex Court in "Satender Kumar Antil Vs. Central Bureau Of Investigation &Anr." reported in "2022 Livelaw SC 533"., whereby Hon'ble Apex

Court has observed that a bail petition should be disposed of within a period of two weeks.

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Learned counsel for the petitioners has submitted that in the instant case, the evidence of the victim has not yet been recorded, and it is not certain as to when the same would be recorded and the bail petitions filed by the petitioners have been kept pending for an uncertain period of time, and he prays for a direction to the learned Trial Court for disposal of their bail petition at the earliest.

Considering the submissions of learned counsel for the petitioners, learned Additional public Prosecutor does not oppose the prayer for issuance of a direction to the learned Trial Court for disposing of the bail petition of the petitioners at the earliest.

Learned counsel for the petitioners has submitted that the next date of the case is fixed before the learned Trial Court on 10.11.2023.

Considering the submissions made by learned counsel for the petitioner, this criminal petition is hereby disposed of with a direction to learned trial Court to dispose of the bail petition bearing no. 1110/2023 filed by the present petitioners on the next date fixed, i.e. 10.11.2023.

JUDGE

Comparing Assistant