The Gauhati High Court granted an interim anticipatory bail application by making a prior interim order absolute. The court found custodial interrogation unwarranted despite the statement not yet being available in the case diary.
The interim order dated 15.07.2022 stands made absolute on same terms and conditions.
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GAHC010138102022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1959/2022
SAIF UDDIN TAPADAR S/O ANAM UDDIN TAPADAR VILL- BORJURAI, P.O. BOALIPAR BAZAR, P.S. HAILAKANDI, DIST. HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP.BY THE PP, ASSAM
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER
03.01.2023
Heard Mr. A.M. Barbhuiya, learned counsel for the applicant and Mr. R.J. Barua, learned Addl. P.P. for the State respondent.
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under sections 13/14 of the Assam Game & Betting Act, corresponding to G.R. Case No. 559/2022, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicant, namely, Saif Uddin Tapadar for grant of pre-arrest bail.
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before the IO, but the statement of the applicant is not available in the case diary. However, in view of materials so far collected in the case diary and also considering the nature of accusation and the punishment prescribed for the same, custodial interrogation of the applicant seems to be unwarranted here in this case, and therefore, this court is inclined to make the interim order dated 15.07.2022 absolute in the same terms and condition.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the applicant should be granted interim anticipatory bail made absolute.
Whether custodial interrogation of the applicant is warranted in the present case.
1 provisions across 1 enactments
Saif Uddin Tapadar
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
