Page No.# 1/5 GAHC010267882024 2026:GAU-AS:4841 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/76/2025 MAHAMAD SAZZAD AND ANR. S/O MD YASIN, R/O NEAR HINDI SCHOOL, PATARKUCHI ROAD, HOUSE NO. 21, BASISTHA CHARIALI, P.S. BASISTHA, GUWAHATI, DIST.- KAMRUP (M), ASSAM 2: BALKAR SINGH S/O PRITAM SINGH R/O PRABHAT APARTMENT BONGAON P.S. BASISTHA GUWAHATI DIST. KAMPUR (M) ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A KHANIKAR, MR. FIRUZ KHAN,MR U CHAUDHURY,RHITUSHREE TALUKDAR,MR. ABHIJIT MENA Advocate for the Respondent : MR. B SARMA, ADDL. PP, ASSAM, Linked Case : Crl.Rev.P./91/2019 SAZZAD AND ANR. S/O MD YASIN Page No.# 2/5 R/O NEAR HINDI SCHOOL PATARKUCHI ROAD HOUSE NO. 21 BASISTHA CHARIALI P.S. BASISTHA GUWAHATI DIST.- KAMRUP (M) ASSAM 2: BALKAR SINGH S/O PRITAM SINGH R/O PRABHAT APARTMENT BONGAON P.S. BASISTHA GUWAHATI DIST. KAMPUR (M) ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. A KHANIKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 01.04.2026 Heard Mr. F. Khan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P. appearing for the State respondent. 2. The two applicants herein have filed this interlocutory application seeking relaxation of security by way of Bank guarantee of amount Rs. 3.5 lakhs per Page No.# 3/5 vehicle, which was imposed as a condition in the order dated 27.03.2019 disposing of Criminal Revision Petition No. 91/2019 allowing the prayer of the petitioners for interim custody of the two vehicles. 3. It may be mentioned herein that the applicants had preferred the aforementioned criminal revision seeking interim custody of two trucks bearing registration number AS-01-EC-9286 and NL-01-AC-6485, which were seized by the police in connection with Changsari P.S. Case No. 17/2019 under Sections 120B/379/411 IPC corresponding to GR Case No. 75 of 2019. 4. It is stated that the applicant No.1 herein, is the registered owner of the truck number AS-01-EC-9286 and applicant No.2 is the registered owner of the truck bearing number NL-01-AC-6485. As mentioned at the outset, vide order dated 27.03.2019 the prayers for zimma/interim custody was allowed with regard to both the trucks subject to the petitioners executing personal bond undertaking to produce the vehicles as and when required in connection with the case and also furnish security of Rs.3.5 lakhs per vehicle in the form of Bank guarantee. The relevant portion of the said order may be reproduced herein below:- “In view of the above, this petition is disposed of by directing the petitioners to approach the I/O seeking zimma of the vehicles after furnishing necessary documentary proof establishing their ownership over the vehicles. If such an approach is made by the petitioners, the same may be considered by the I/O and on verification of their ownership, zimma of the vehicles may be given to the respective owners subject to the condition that petitioners execute a personal bond undertaking to produce the vehicles as and when required in connection with the case and also furnishes security of Rs. 3.5 Lakhs per vehicles in the form of Bank guarantee.” Page No.# 4/5 5. It is now contended and submitted by the applicants that they are facing financial difficulties and therefore, they are seeking release of that amount of Rs.3.5 lakhs each pertaining to the bank guarantee. 6. It is submitted that in the meantime, the investigation of the case is also completed and it has resulted in a final report and that in the context of the latest development it would be in the interest of justice to release the Bank guarantee amount in favour of the petitioners. 7. During the pendency of this interlocutory application, a report was called for from the Investigating Officer regarding the status of the investigation into the case and pursuant thereof, a report dated 25.05.2026 was received, in which, it is stated that upon completion of investigation final report has been submitted in the case vide FR No.140/2024 dated 12.11.2024 due to insufficient evidence and that the FR has been placed before the learned CJM Kamrup, Amingaon for acceptance. 8. The learned Public Prosecutor fairly submits that he does not dispute the fact that investigation is completed in the case and no charge-sheet has been submitted as revealed by the police report. 9. In the circumstances, I am of the consideration that it would be just and fair to release the security amount in favour of the petitioners, subject to any suitable conditions. 10. Accordingly, in such view of the matter this interlocutory application is allowed and the security amount of Rs.3.5 lakhs per vehicle in the form of Bank guarantee is hereby relaxed and is allowed to be released in favour of the applicants/petitioners. However, the following conditions are imposed:- (i) The personal bond executed by the petitioners at the time of release of Page No.# 5/5 the vehicle shall continue to subsist and the petitioners shall not transfer or sell the vehicles without taking permission of the concerned learned Trial Court. 11. With these observations, the interlocutory application stands allowed and disclosed. JUDGE Comparing Assistant