Allowed

Anamul Haque @ Anamul Haque Laskar v. the State of Assam

Gauhati HC2 Mar 2022AB/46/2022

Case brief

AI extract

What is this about?

The Gauhati High Court considered an application for pre-arrest bail under Section 438 CrPC in a corruption case. Finding no witnesses examined and no specific documentary evidence against the retired petitioner, the Court held custodial interrogation unnecessary and granted absolute bail.

What did the court decide?

The interim pre-arrest bail granted vide order dated 19.01.2022 is made absolute on the same terms and conditions.

Anamul Haque @ Anamul Haque Laskar Vs the State of Assam — Corruption | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010003322022

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

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Case No. : AB/46/2022

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ANAMUL HAQUE @ ANAMUL HAQUE LASKAR S/O. LT. MUDASSIR AHMED LASKAR, R/O. F.A. AHMED NAGAR, SIX MILE, GUWAHATI-22, HOUSE NO. 60, DIST. KAMRUP (M), ASSAM.

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM.

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 02-03-2022

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Heard Mr. HRA Choudhury, learned senior counsel for the petitioner assisted by Mr. HI Choudhury, learned counsel. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor appearing for the State respondent.

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This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the accused-petitioner, namely, Anamul Haque @ Anamul

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Page No.# 2/2

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Haque Laskar, in connection with Anti Corruption Branch PS Case No. 6/2021 registered under Sections 13(1)(b)/13(2) of the Prevention of Corruption Act, 1988 (as amended in 2018).

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Perused the case diary produced before this Court.

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On perusal of the materials in the case diary, it does not appear that any witness has been examined by the Investigating Police Officer and there is nothing in the case diary except the enquiry report in which the allegations have been made of acquiring disproportionate assets by the petitioner to the tune of Rs. 22,60,363.14/-. The petitioner has already retired from service and as such he is not in a position to temper any documentary evidence. In the absence of any specific evidence collected against the petitioner till date and in view of the fact that he has appeared before the Investigating Police Officer and got his statement recorded, this Court is of the view that custodial interrogation of the petitioner is not necessary. That being so, the petitioner is granted the privilege of pre-arrest bail.

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Accordingly, the interim pre-arrest bail granted to the petitioner vide order, dated 19.01.2022 is made absolute on the same terms and conditions.

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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Anamul Haque @ Anamul Haque Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Anamul Haque @ Anamul Haque Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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