Supreme Court - Daily Orders
Amit Kanoria vs The State Of Assam on 18 April, 2022
Bench: Ajay Rastogi, C.T. Ravikumar
Dy. No. 11353/2022
ITEM NO.49 COURT NO.13 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 11353/2022
(Arising out of impugned final judgment and order dated 06-04-2022
in AB No. 967/2022 passed by the Gauhati High Court)
AMIT KANORIA PETITIONER(S)
VERSUS
THE STATE OF ASSAM & ANR. RESPONDENT(S)
(FOR ADMISSION and I.R. and IA No.56347/2022-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.56350/2022-
INTERVENTION/IMPLEADMENT and IA No.56345/2022-PERMISSION TO FILE
PETITION (SLP/TP/WP/..) )
Date : 18-04-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE C.T. RAVIKUMAR
For Petitioner(s) Ms. Bansuri Swaraj, Adv.
Mr. Siddhesh Kotwal, Adv.
Mr. Rajdeep Majumder, Adv.
Ms. Ana Upadhyay, Adv.
Ms. Manya Hasija, Adv.
Mr. Akash Singh, Adv.
Ms. Preeti Singh, Adv.
Mr. Nirnimesh Dube, AOR
For Respondent(s) Mr. Gaurav Bhatia, Sr. Adv.
Mr. Kaushik Choudhury, AOR
Mr. Pritam Mahanta, Adv.
Mr. D. Mishra, Adv.
Mr. Abhinav Deshwal, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Learned Counsel for the petitioner submits that before the Digitally signed by BALA PARVATHI Date: 2022.04.19 19:10:51 IST Reason: order impugned dated 6th April, 2022 was passed by the Gauhati High 1 Dy. No. 11353/2022 Court, even the bare facts of the complaint on which the FIR has been registered was not looked into. Even for grant of transitory bail, apart from the fact that no notice was served to the police station where the FIR was registered, the High Court was supposed to record its prima facie satisfaction as to whether the indulgence of transitory bail as requested deserves consideration for taking appropriate steps in filing of pre-arrest bail application before the concerned Court.
Since the transitory bail was granted by the High Court until 25th April, 2022, let the learned Counsel for the respondent, appearing on caveat, may file response.
List on 22nd April, 2022.
(POOJA SHARMA) (BEENA JOLLY)
COURT MASTER (SH) COURT MASTER (NSH)
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