Page No.# 1/3 vs Surekha Mazid
2025 Latest Caselaw 7058 Gua

Gauhati High Court

Page No.# 1/3 vs Surekha Mazid on 5 September, 2025

                                                                       Page No.# 1/3

GAHC010197292025




                                                                 2025:GAU-AS:12079

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

                                Case No. : I.A.(Crl.)/960/2025

            UJJAL BARUAH @ MON
            S/O. SRI BINANDRA CHANDRA BARUAH, R/O. 3A NILAKSHI APARTMENT,
            RAJLAKSHI PATH, HATIGAON, GUWAHATI-781006, KAMRUP (M), ASSAM.

            VERSUS

            SUREKHA MAZID
            W/O. LT. ABDUL MAZID, R/O. SIX MILE, P/O. AND P/S. DISPUR, KAMRUP
            (M), ASSAM.

Advocate for the Petitioner   : MS R BEGAM, M BEGUM,MR. Y S MANNAN

Advocate for the Respondent : MR Z ALAM,




                                      BEFORE
                       HON'BLE MRS. JUSTICE MITALI THAKURIA


                                          ORDER

Date : 05.09.2025.

Heard Mr. Y.S. Mannan, learned counsel for the applicant/petitioner. Also heard Mr. Z. Alam, learned counsel appearing for the respondent.

This Interlocutory Application has been filed by the petitioner for quashing the order dated 22.08.2025, passed by the learned Judicial Magistrate First Class, Page No.# 2/3

Kamrup (M) at Guwahati in C.R. Case No.02/2013, rejecting the petition bearing No.3336/2025 and directed the petitioner be sent to Guwaati Central Jail to serve the sentence awarded to him during the pendency of the connected Criminal Revision Petition No.452/2019.

It is submitted by Mr. Mannan, learned counsel for the applicant that the compensation award was Rs.11 lacs and against the said judgment and order passed by the learned Judicial Magistrate First Class, Kamrup (M) at Guwahati in C.R. Case No.02/2013, the petitioner preferred an appeal before the learned Addl. Sessions Judge No.1, Kamrup (M) at Guwahati and vide judgment and order dated 11.07.2019, passed in Criminal Appeal No.224/2016, the learned Appellate Court upheld the order passed by the learned Court below. Against the said order of appeal, this Criminal Revision Petition was filed by the present petitioner.

During the pendency of this Criminal Revision Petition, the petitioner was directed to pay 50% of the compensation/ fine amount but in spite of lapse of 2/3 dates, the petitioner failed to deposit the amount, vide order dated 22.11.2023, the interim orders dated 30.10.2019 and 08.09.2023 were vacated.

In pursuant to the said order, the accused/petitioner was arrested by the learned Trial Court below and he was put to judicial custody. However, while the petitioner was in the judicial custody, the matter was compromised between the parties and the petitioner had paid the entire amount of Rs. 11 lacs, which is also received by the respondent. Thereafter, both the parties have filed a joint petition before the learned Trial Court for release of the petitioner/applicant on bail but the petition was rejected with the observation that the period of sentence of six (6) months was there and hence, he was put into further judicial custody.

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Mr. Alam, learned counsel for the respondent also submitted in this regard that they have received the entire amount of fine/compensation amount and they have no objection if the accused petitioner is released on bail in pursuant to the compromise between the parties.

Considering the entire facts and circumstances of the case, the present Interlocutory Application is allowed and the petitioner is hereby allowed to go on bail of Rs. 20,000/ (Rupees twenty thousands) only with one surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Kamrup (M) at Guwahati, till the disposal of the connected Criminal Revision Petition No.452/2019.

With the above observation, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant