Page No.# 1/3 GAHC010075942026 2026:GAU-AS:11911 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/821/2026 ABU HASEN KHAN S/O TOTA KHAN R/O VILL- TETLIRTAL P.O. BARPALLI, P.S. BARPETA, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR. S ALI,MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 20-08-2026 Heard Mr. B. Islam, learned counsel for the petitioner, who has submitted that the petitioner had been granted the privilege of interim pre-arrest bail by the order 24.04.2026. Page No.# 2/3 The learned counsel submits that the Case Diary thereafter had been called for on several occasions; however, the same was not produced before this Court. The learned Addl. Public Prosecutor has sought an accommodation to produce the Case Diary. The allegation against the petitioner is that the vehicle that he owned had been taken on hire, and had carried cattle more than the number of cattle permitted to be carried in such a vehicle. The permitted number in the aforesaid vehicle would have been up to 16, whereas the vehicle was found to be carrying 21 live cattle. In view of the circumstances pointed out before this Court and since the Case Diary had not been produced before this Court despite nearly 4 months having passed from the date of pre-arrest interim protection to the petitioner, this Court does not find it fit to keep this petition pending and closes the same by making the interim protection granted to the petitioner absolute. The Court expresses its concern on the non-production of the Case Diary after an accused had been allowed interim protection. The matter may be brought to the notice of the concerned S.P of the District by the office of the Learned PP. Page No.# 3/3 JUDGE Comparing Assistant