The Gauhati High Court granted regular bail to two petitioners arrested for offences under the Assam Game and Betting Act, noting that further custodial interrogation was unnecessary given the nature of the prescribed punishment.
Bail granted to petitioners on furnishing security of Rs. 40,000 each with one surety, subject to specific conditions.
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GAHC010030152023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./506/2023
IBUDDIN SK AND ANR S/O ABDUL HOQUE VILL- KAZAIKATA PART-IV P.S. BILASIPARA DIST. DHUBRI, ASSAM
2: PARBOD ALI S/O ABDUL HUSSAIN VILL- SUAPATA PART-V P.S. BILASIPARA DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR J U AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
14.02.2023
Heard Mr. M. K. Hussain, learned counsel for the petitioners. Also heard
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Ms. S. H. Bora, learned APP appearing for the State.
The petitioners, who were arrested on 14.01.2023 are seeking regular bail under section 439 Cr.P.C. in connection with Bilasipara P.S. Case No. 363/2022 under sections 13/14/15 of Assam Game and Betting Act.
The learned APP has opposed the prayer for bail.
Considering the ground that the petitioners have committed the offence under Sections 13/14/15 of Assam Game and Betting Act and they have suffered custody for 31 days, the Court is of the considered opinion that further custodial interrogation of the petitioners may not be necessary in view of the nature of punishment which is prescribed for the offence.
Hence, the Court is inclined to grant bail to the petitioners, namely, (1) Ibuddin Sk. and (2) Parbod Ali in connection with the aforesaid case on furnishing bail bond of Rs.40,000/- each with one suitable surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara.
The bail is granted on the following conditions:
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the petitioners who have been in custody for 31 days in connection with offences under the Assam Game and Betting Act.
2 provisions across 2 enactments
IBUDDIN SK
PARBOD ALI
THE STATE OF ASSAM
KALYAN RAURIANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
