Siyab Uddin v. The State of Assam

ORDER

17.02.2024 Heard Mr A Ahmed, learned counsel for the petitioner, Siyab Uddin.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Special (NDPS) Case No. 27/2023, arising out of Patherkandi PS Case No. 108/2023, registered under Sections 21(b)/25/29 of the NDPS Act, 1985 Page No.# 2/2

¶3Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the petitioner that the petitioner's wife was apprehended with intermediate quantity of contraband. However, finally, charge sheet was also laid against the petitioner. The petitioner is willing to cooperate with the trial.

¶5The trial is pending only because of the absence of the petitioner.

¶6The learned counsel for the petitioner has relied on the decision of Hon'ble the Supreme Court in Aman Preet Singh –Vs-CBI, through Director); reported in (2021) AIR (SC) 4154, wherein it was observed that the accused was entitled to bail as he was not arrested during investigation.

¶7Considering the submissions at the bar, the petitioner is directed to appear before the learned trial Court, within 10 (ten) days and apply for bail, which may be considered by the learned Court, as per law.

¶8In terms of the above observations, bail petition is disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010242972023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3691/2023 SIYAB UDDIN S/O - LT- ABDUL ROUF VILL- NIZ HATKHOLA PS- PATHARKANDI. DIST- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND