Mainul Islam v. The State of Assam

ORDER

25.01.2024 Heard Mr M H Ahmed , learned counsel appearing on behalf of the petitioner, Mainul Islam.

¶2The petitioner has filed this application under Section 482 CrPC, challenging the order dated 21.11.2023, passed by the learned JMFC, Hamren, West Karbi Anglong, in Page No.# 2/3 connection with Baithalangso PS Case No. 68/2023, registered under Sections 379/411 IPC, read with Section 13(1) of the Assam Cattle Preservation Act, 2021 and Section 11

(1)(d) of the Prevention of Cruelty to Animals Act.

¶3Heard Ms B Bhuyan, learned Additional Public Prosecutor, assisted by learned counsel, Ms B Borah, for the State of Assam/respondent.

¶4The respondent has accepted notice on behalf of State of Assam.

¶5I have considered the submission at the Bar with circumspection.

¶6It is submitted on behalf of the petitioner that the petitioner has purchased the vehicle bearing Registration No. AS-02DC-4077, Mahendra Bolero Picup, having Chassis No. MAIRA 2TTKP1J73464 Engine No. TTP1147919, for Rs. 9, 93,660/-. After seizure of the vehicle, the petitioner is suffering from financial hardship. The vehicle was seized in connection with the aforementioned case and it is lying in the custody of the Baithalangso Police Station. The petitioner earns his livelihood through his vehicle. At present, the petitioner is without any source of income.

¶7Through the order dated 21.11.2023, the learned JMFC has given in zimma, the aforesaid vehicle, to the petitioner, in lieu of a bank guarantee. The petitioner is unable to furnish bank guarantee as surety because the petitioner has only Rs. 5,000/- as bank balance, at present. Annexure-4 of the petition is the bank statement of the petitioner. The petitioner has prayed for modification of the order. The petitioner is willing to abide by any conditions, if imposed upon him. Page No.# 3/3

¶8I have considered the plight of the petitioner.

¶9I have also taken a pragmatic view.

¶10The vehicle was already given in zimma vide order dated 21.11.2023, in connection with Baithalango PS Case No.68/2023.

¶11I deem it proper to modify the order dated 21.11.2023, so far as the bank guarantee is concerned. The petitioner is directed to take zimma of the aforesaid vehicle on execution of a personal bond of Rs. 9,50,000/-. The petitioner is also directed not to alienate the vehicle, till completion of trial. The Investigating Officer or the PSI is directed to take the photographs of the vehicle from all sides and also to verify the documents relating to the ownership of the aforesaid vehicle.

¶12The Criminal Petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010014722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./82/2024 MAINUL ISLAM S/O ABDUL KHALEK VILL- BANDURA ATI P.S.KACHUA DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND