Pradip Sinha v. The State of Assam and Anr

ORDER

05.12.2024

Heard Mr. N. Z. Choudhury, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 528 read with Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the quashing of the Non-Bailable Warrant of Arrest issued against the petitioner by the learned Additional Chief Judicial Magistrate, Cachar, Silchar, in N.I. Case No. 128/2019, vide order dated 31.07.2024. It is submitted by the learned counsel for the petitioner, Mr. Choudhury, that cognizance of this case was taken on 07.08.2019, and the learned Trial Court fixed the matter for appearance on 19.10.2019. However, the petitioner could not appear before the Court on 19.10.2019, though he received the summons, due to being medically indisposed and could not engage an advocate to conduct his case because of the second wave of the pandemic. Subsequently, considering his absence, the learned Trial Court issued a BWA against the petitioner on 21.12.2019 and 19.02.2020 due to his continued absence on subsequent dates. He further submits that the petitioner is still ready and willing to appear before the learned Trial Court on each and every date fixed, provided the order for issuance of the warrant is suspended. In this context, the learned Additional Public Prosecutor, Mr. Goswami, has submitted that the petitioner has been absconding for 1 and ½ years. Hence, Page No.# 3/3 considering the conduct of the petitioner, it is requested that he be directed to appear before the Court and seek regular bail, if he is ready to contest the case. Considering the submissions made by the learned counsels for both sides and also considering the conduct of the accused/petitioner, I hereby direct the petitioner to appear before the Court of learned Trial Court within 10 (ten) days from today and to file a fresh petition for regular bail and upon filing of such petition, the learned Court below shall consider and dispose of the same in accordance with law. And, till then, the execution of NBWA, if any, issued against the petitioner, stands stayed/ suspended.

With the above observation and direction, this criminal petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010257002024 ooooooo 2024:GAU-AS:12319 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1479/2024o PRADIPoSINHAo S/OoLATEoBRAJADHANoSINHAo R/OoVILL-oBHAKATPURo P.O.oBHAKATPURo P.S.oSILCHARo DIST.oCACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo TOoBEoREP.oBYoTHEoLEARNEDoPP,oASSAM 2:SUKUMARoSINHA oS/OoLATEoKIRTIGOPALoSINHAo R/OoLANEo-23 o VIVEKANANDAoROAD o P.S.oSILCHARo DIST.oCACHAR oSTATE-oASSAMo PIN-o78800o AdvocateoforotheoPetitionerooooo:oMRoAoRoBHUYAN,oMRoNoZoCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA