ABUL KALAM AZAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application under Sec. 439 Cr.P.C. is preferred by the petitioners, 1. Abul Kalam Azad and 2. Kalom Ali, who are languishing in jail in connection with Nagarbera P.S Case No.153/2020 corresponding to GR case No.1420(K)/2020 under Sec. 392/387 IPC read with sec. 25(D) of the Arms Act.

(2.) Heard Mr. B Chowdhury, learned counsel for the petitioners and also heard Mr. BB Gogoi, learned Addl. PP, State of Assam.

(3.) Mr. Gogoi, learned Addl. PP submitted that the I/O has already completed investigation and laid charge-sheet before the learned Court below against the accused under sec. 392 IPC and therefore, Mr. Gogoi submitted that the petitioner may approach the learned Court below first and if the bail petition is rejected there, then he may approach this proper Court and this is the normal practice and he also raised objection against enlarging the accused on bail.