Gauhati High Court
Md. Rejaul Hachan Khan @ S.M. Rizaul ... vs The State Of Assam on 13 February, 2020
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010007712020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 132/2020
1:MD. REJAUL HACHAN KHAN @ S.M. RIZAUL HASSAN KHAN
S/O ABDUL HALIM KHAN, R/O KHANDIKAR, P.S.-TAMULPUR, DIST-BAKSA
(BTAD), ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 13-02-2020 By this application under Section 438 CrPC, petitioner, namely, Md Rejaul Hachan Khan, has sought for pre-arrest bail in the event of his arrest in connection with Hatigaon PS Case No. 904/2019, under Sections 406/420/506/34 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
As per the record and the materials in the Case Diary, the petitioner took the vehicle-Hydraulic Excavator (Machine) from the informant by executing an agreement on 13.05.2019 that he will pay an amount of Rs. 2 lacs per month as rent for use of the said vehicle and as per the agreement, monthly Page No.# 2/2 rent shall be paid within the first week of every month and the vehicle shall not be given to the third party. Now, it is contended that neither the accused petitioner paid the monthly rent nor the vehicle was returned to him and it has been known that he has sold the vehicle somewhere at Dimapur, Nagaland, without the consent of the informant.
The accused petitioner has admitted about the agreement, but failed to show about any payment made or the whereabouts of the vehicle. Prima facie, the allegation of misappropriation is made out. Resultantly, bail prayer of the petitioner stands rejected.
Anticipatory Bail Application stands dismissed.
Return the Case Diary.
JUDGE Comparing Assistant