Page No.# 1/2 GAHC010255402018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./367/2018 SRI TAPAN KUMAR HAZARIKA S/O LATE KHAGEN HAZARIKA, R/O VILL. BORDUA, P.O. BATADRAVA, NAGAON 782122, DIST. NAGAON, ASSAM. VERSUS THE CENTRAL BUREAU OF INVESTIGATION (CBI) REPRESENTED BY SC, CBI Advocate for the Petitioner : MR. A M BORA, MR. D GOGOI,MR. D K BAIDYA,MS. C CHOUDHURY,MS P DASGUPTA Advocate for the Respondent : SC, CBI, MR. K K DEY (R2),MR V K BAROOAH (R2) :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 30.04.2025 Heard the learned counsel Mr. D.K. Baidya appearing for the appellant. Also heard Ms. N. Choudhury, the learned counsel representing the Respondent No.2. 2. By the impugned judgment, the appellant was sentenced to undergo rigorous imprisonment for a period of 5 years and a fine of ₹10,00,000/- (Rupees Ten Lakh) with default stipulations for the offences under Sections 420/468/471/477-A of the Indian Penal Code (IPC). He was also sentenced to undergo rigorous imprisonment of Page No.# 2/2 8 years and to pay fine of ₹40,00,000/- (Rupees Forty Lakh) with default stipulations for the offence under Section 467 of the IPC. 3. The appellant was also sentenced to undergo 7 years of rigorous imprisonment and was directed to pay fine of ₹40,000,00/- (Rupees Forty Lakh) as fine with default stipulations for the offence under Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988. 4. Today, Mr. Baidya has submitted a Report furnished by the Superintendent of the Central Jail, Guwahati. According to this Report, the appellant has already completed 8 years 8 months of judicial custody. Mr. Baidya, therefore, submits that the appellant has already completed his sentence. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court has decided to agree with the appellant. As the appellant has already completed his punishment awarded by the learned trial court, therefore, he no longer deserves to be detained in custody. 7. The appellant Shri Tapan Kumar Hazarika who was sentenced by the learned Special Judge, CBI, Assam, Additional CBI Court No.3, at Chandmari, Guwahati in Special Case No.01/2010 shall be released forthwith from jail. 8. Further, as Mr. Baidya has submitted that the appellant is no longer interested in prosecuting this appeal, therefore, this appeal stands closed and disposed of. The ‘Report’ of the Superintendent, Central Jail, Guwahati marked as ‘X’, shall form a part of the record. JUDGE Comparing Assistant