SAHIDUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Section 439 Cr.P.C., seeking pre-arrest bail by the petitioners, namely, Md. Shahidul Islam and Md. Imran Khan, in connection with Dergaon Police Station Case No. 843/2019 (GR Case No.2581/2019) , registered under Sections 457/380/395 of the IPC.

(2.) Learned counsel for the petitioner has submitted that they were arrested on 30.12.2019 and behind the bar since 31.12.2019 by this time charge-sheet has also been submitted and their prayer for bail has been rejected by the trial court. Hence, the present petition has been preferred. Considered the submission of the learned counsel for the petitioner as well as the learned Additional Public Prosecutor, Assam. Also perused the documents annexed.

(3.) This is a case of decoity of Rs.19,30,139.39/- from the United Bank of India, Dergaon Branch by a group of persons and now charge-sheet has been submitted against total eight accused persons along with two petitioners. The learned trial court has perused the case diary at the time of making bail prayer and considering the materials available in the case diary and the gravity of offence has rejected the bail prayer. That being so, when the trial court has already considered the case diary and finding materials in the case diary has rejected the bail prayer and the case is yet to be committed being session triable case, it would not be proper to consider the bail prayer at this stage.