Rakesh Kumar Singh vs Bipul Das
2022 Latest Caselaw 293 Gua

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GAHC010067072021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Crl.)/212/2021

             RAKESH KUMAR SINGH
             S/O. SRI JONARDAN SINGH, R/O. DONA PRESIDENCY, D-3, 1ST FLOOR, VIP
             ROAD, SIX MILE, Ghy- 22, DIST. KAMRUP(M), ASSAM



             VERSUS

             BIPUL DAS
             S/O. K.N. DAS, R/O. PUB SARANIA, BYE-LANE NO. 4 (WEST), H/NO. 9,
             SILPUKHURI, P.S. CHANDMARI, GHY- 3, DIST. KAMRUP(M), ASSAM



Advocate for the Petitioner   : MR. M PHUKAN

Advocate for the Respondent :




                                        :: BEFORE ::
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                           ORDER

28.01.2022

By filing this Interlocutory Application, the applicant has approached this court with submission that in terms of order judgment and order dated 09.03.2021, he is willing to pay the entire amount to the learned trial court in Page No.# 2/2

two instalments, which he could not do so due to certain difficulty.

It is submitted that initially he will deposit an amount of Rs.3.5 lakh by 07.02.2022 and thereafter remaining amount within 30(thirty) days. It is also submitted that out of Rs.12 lakh amount fine, he has already deposited Rs.2.5 lakh before the Registry of this Hon'ble High Court which was subsequently withdrawn by the complainant/ respondent.

Heard submission of the learned counsel for the applicant.

It is contended that in terms of the order dated 09.03.2021, the learned trial court has issued Non-Bailable Warrant of Arrest against the applicant/petitioner and he is however ready to pay the amount but due to financial constraint he has not been able to collect the entire amount. Next date of the case is fixed on 07.02.2022.

Having heard the submission of the learned counsel for the applicant and whereas this Court has already discussed the entire matter, the present application stands disposed with a direction to the applicant/petitioner to approach the learned trial court on 07.02.2022 with a liberty to deposit the amount in two instalments as indicated above and the learned trial court, in turn, can dispose of the matter facilitating the applicant to release the amount with certain relaxation as indicated above.

JUDGE

Comparing Assistant