Bail Appln./3665/2022 of MD. HARUN ALI Vs THE STATE OF ASSAM on 28 December 2022

Arguments

ORDER

Heard Mr. S. Munir, learned counsel representing the petitioner as well as Mr. K. K. Das, learned Additional Public Prosecutor, Assam.

By this application filed under Section 439 CrPC, the petitioner Md. Harun Ali has prayed for release on bail in connection with Paltanbazar P.S. Case No. 589/2022 under Sections 379/411/34 IPC.

One night police stopped a vehicle containing some machines. Police suspected that those articles were stolen articles. It is further stated in the FIR that total nine persons were in the vehicle who had apparently confessed that they had stolen the vehicle as well as those articles and they were going to sell those goods to a scrap dealer i.e. the present petitioner.

The case of the petitioner is that he is a licensed scrap dealer to buy and sell scrap articles and he is a bonafide purchaser of goods which might have been stolen.

Mr. Das submits that for disposal of the present application the case diary will be necessary. But this Court is of the opinion that under the given circumstances the case diary is not necessary.

Having heard the learned counsels for both the sides, the prayer of the petitioner for releasing on bail is allowed. Accordingly, the petitioner Md. Harun Ali who was arrested in connection with Paltanbazar P.S. Case No. 589/2022 under Sections 379/411/34 IPC is allowed to go on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati.

The bail application is disposed of.

JUDGE

Comparing Assistant