Gauhati High Court
Mohammad @ Mohammad Khan vs The State Of Assam on 29 September, 2022
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/2
GAHC010186702022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2314/2022
MOHAMMAD @ MOHAMMAD KHAN
S/O KHURSID
R/O VILL- PAIMA KHEDA
P.S. PUNHANA
DIST. PALWAL, HARYANA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. G PHUKAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
29.09.2022 Both sides are represented.
Mr. Bhaskar Sarma, learned APP appearing for the State has prayed for some more time to produce the case diary.
Page No.# 2/2 Mr. G. Phukan, learned counsel for the petitioner has submitted that the petitioner was in custody of 73 days and there is some urgency in the matter.
Be that as it may, as the allegation in the FIR relates to the vandalization of ATM machines which had caused a cash loss of Rs.39,11,500/- and damages to the ATM machine cost Rs.3,50,000/-.
The Court is of the considered opinion that in view of the long vacation in the month of October 2022, the I.O. of Rangia P.S. Case No. 429/2022 corresponding to G.R. Case No. 746/2022 under Sections 461/380 IPC added Section 413 IPC is directed to send the case diary before this Court on 19.10.2022.
However, it is provided that in the event of producing the case dairy before any other Court, the I.O. shall produce a copy of this order before the said learned Court so as to enable the concerned Court to send a scanned copy of the case diary of Rangia P.S. Case No. 429/2022, corresponding to G.R. Case No. 746/2022 under Sections 461/380 IPC added Section 413 IPC to the Registry of this Court for being placed in this case for the perusal by the Court.
It is further provided that in the event if statutory custody period is expired, the petitioner would have the liberty to move the jurisdictional Court for bail. It is clarified that the pendency of this bail application in this Court shall not be a bar for the jurisdictional Court to entertain the bail petition of the petitioner.
List on 19.10.2022.
JUDGE Comparing Assistant