Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./18/2025 AMIT KUMAR TURAHA S/O LT. SHIVJI KUMAR TURAHA, R/O WARD NO. 4, BOKAJAN BAZAR, P.O. AND P.S. BOKAJAN DIST.KARBI ANGLONG,ASSAM PIN-782480 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SONKAR MANOJ KUMAR S/O BAGAVATH PRASAD R/O C/SC MALA UNGUTURU VILLAGE
NARAYANAPURAMMANDAL MANAGING DIRECTOROF ARNAV FISHERIES PVT.LIMITED UNGUTURU MANDAL PIN-53344 Advocate for the Petitioner : MR. S CHAUHAN, B CHOWHAN,R DEB,MR. P MAZUMDER Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 25.02.2025
1. Heard Mr. S. Chauhan, learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent. 2. This Criminal Revision Petition under Section 483(1)(b) of BNSS, 2023 has been filed by the petitioner namely, Amit Kumar Turaha, praying for modification of Condition No. 1 imposed on the petitioner while he was allowed to go on bail by order dated 31.10.2024 passed in Chebrole P. S. Case No. 193/2024 by the learned Judicial Magistrate First Class, Bokajan, East Karbi Anglong. 3. The learned counsel for the petitioner has submitted that the opposite party No. 2 had lodged the FIR before the Chebrole Police Station in Andhra Pradesh, inter-alia, alleging that the petitioner had cheated the informant by not paying him his due amount of Rs. 57,82,256/-. 4. The petitioner was arrested by the Investigating Officer of Chebrole P. S. Case No. 193/2024 and when the said Investigating Officer praying for a transit remand for production of the petitioner before the Court of learned Judicial Magistrate First Class at Tadepalligudem Eluru District in Andra Pradesh, the Court of learned Judicial Magistrate First Class, Bokajan, East Karbi Anglong granted the bail to the petitioner with the certain conditions. 5. The first condition imposed while granting the bail reads as follows”
“the accused shall cooperate with the I.O. of the instant case and he shall appear before the I.O. in Chebrole Police Station within first 10 days of
Page No.# 3/4 every monthly calendar till the Final Form is filed.”
6. The learned counsel for the petitioner has submitted that the conditions imposed on the petitioner while granting the bail is too harsh as the petitioner is a resident of Bokajan and considering the distance of Chebrole Police Station, he prays for some modification of the condition No.1 attached to the said bail order. 7. The learned counsel for the petitioner further submits that the petitioner is ready to cooperate in the investigation. 8. On the other hand, the learned Additional Public Prosecution submits that apparently it appears that the petitioner has not complied with the condition imposed on him while granting bail to him and therefore, he may not be entitled to any relief as prayed for by him. 9. I have considered the submission made by learned counsel for both the sides and have produced the materials of record. 10.
Considering the nature of offence alleged as well as the distance of Chebrole Police Station from the place where the petitioner resides, at the first look, the condition No.1 appears to be cumbersome and harsh. 11. As the petitioner is willing and ready to cooperate in the investigation, this Court is of considered opinion that in the exercise of its powers under Section 483 (1)(b) of BNSS, 2023, the condition No.1 imposed by the Court of learned Judicial Magistrate First Class, Bokajan, East Karbi Anglong may be modified as hereinunder. 12. The petitioner (accused) shall appear before the Investigating Officer of Chebrole P. S. Case No. 193/2024 within a period of 30 days on the date of this
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order and cooperate in the investigation and thereafter, he shall appear before the Investigating Officer, as and when so required by the Investigating Officer for the sake of investigation.
13. This Criminal Revision Petition is accordingly, disposed of.
JUDGE Comparing Assistant