Rekibuddin v. The State of Assam

ORDER Date : 25-01-2024 Heard Mr. T. Chutia, learned counsel for the petitioner Rekibuddin.

¶2The petitioner has filed this application under Section 397/401 read with Section 482 of the Code of Criminal Procedure with prayer for modification of the order dated 21.12.2023 passed by the learned Assistant Sessions Judge, Page No.# 2/3 Morigaon in connection with Sessions Case No. 253/2023.

¶3Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor assisted by Ms. B. Borah, learned counsel for the respondent State of Assam. Notices have been accepted by the respondent, so no formal notice is required to be issued. However, sufficient copies of the petition be furnished to the learned counsel for the respondent during the course of the day.

¶4It is submitted on behalf of the petitioner that he is suffering from financial hardship. It is submitted that the vehicle which was seized in connection with this case bearing registration No. AS-21-AC-2262 was purchased by the petitioner through a loan and he has to pay EMI. The petitioner's sole source of income is the vehicle which is lying in the police station. The order dated

21.12.2023 was passed by the learned Assistant Sessions Judge, Morigaon and the vehicle was given in zimma to the petitioner but the petitioner is unable to furnish the bank guarantee due to his financial hardship. The petitioner has thus prayed for modification of the order.

¶5I have considered the submissions at the bar with circumspection. The petitioner is willing to abide by any other conditions if the order is modified. I have also considered the plight of the petitioner. Taking a pragmatic view, the order dated 21.12.2023 passed by the learned Assistant Sessions Judge, Morigaon in Sessions Case No. 253/2023 so far as the bank guarantee is concerned, is modified. The petitioner is allowed to take zimma of the vehicle bearing registration No. AS-21-AC-2262 on furnishing a personal bond of Rs.5,00,000/- (Rupees Five Lacs) to the satisfaction of the PSI or the Officer-in-Charge of Dharamtul Police Station. In addition, the petitioner is directed not to alienate the vehicle till completion of the trial. Page No.# 3/3

In the above terms, this criminal revision petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010000592024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./27/2024 REKIBUDDIN S/O RUSMAT ALI R/O PARASHUTANGANI BARANGABARI P.S. MIKIRBHETA DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND