The Gauhati High Court converted an interim anticipatory bail order into an absolute bail order since the case diary revealed no adverse report from the Investigating Officer, deeming custodial interrogation unnecessary.
The interim pre-arrest bail granted on 23.05.2022 is made absolute subject to conditions of cooperation and non-inducement.
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GAHC010095182022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1350/2022
MD. MOINUL HOQUE
S/O LATE JABAR ALI, R/O PACHIM DATIALBORI, P.S.-LAHARIGHT, DISTMORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. S K NARGIS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 01.09.2022
Heard Ms. A. Mesen, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of prearrest bail to the petitioner, namely, Md. Moinul Hoque , apprehending arrest in connection with Laharighat P.S. Case No. 797/2021 registered u/s 13/14/15 of Assam Game and Betting Act, 1970.
The Case diary, as called for, is placed before the Court.
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It may be mentioned that by order, dated 23.05.2022, this Court granted the privilege of interim pre-arrest bail to the petitioner.
Mr. R. J. Baruah, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the Investigating Officer and got his statement recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier.
On perusal of the case diary, it is seen that there is no adverse report against the petitioner from the I.O., and, as such, this Court is of the view that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.
Therefore, the interim pre-arrest bail granted vide order, dated 23.05.2022 is hereby made absolute , subject to the following conditions-
Return the case diary.
This disposes off the anticipatory bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim pre-arrest bail granted earlier should be made absolute.
2 provisions across 1 enactments
Md. Moinul Hoque
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
