Md. Rashidul Ali @ Babul @ Rashidul Islam v. The State of Assam and Anr

ORDER Date : 22-02-2023 Heard Mr. B. Chowdhury, learned counsel for the petitioner as well as Mr. Page No.# 2/3 Bhaskar Sarma, learned APP for the State respondent.

¶2By filing this criminal petition filed under section 482 Cr.P.C. the petitioner has assailed the orders dated 13.05.2022, 02.06.2022 and 05.07.2022 passed by the learned Special Judge (POCSO), Baksa, Mushalpur in Special (POCSO) case no.6/2022. By the said order, the Court had issued NBWA as well as accepted the P&A to be duly promulgated.

¶3The learned counsel for the petitioner has submitted that after the bail was granted by order dated 28.04.2021, his bail bond was accepted on

29.04.2021. On 02.02.2022 charge sheet was submitted against the petitioner and accordingly the petitioner was directed to appear on 08.03.2022. But he was absent on 08.03.2022 without steps. However, on 12.04.2022, he was again absent but with steps. Thereafter the petitioner defaulted in appearing before the Court on 13.05.2022. Therefore NBWA was issued against him. It is submitted that as per the ratio laid down in the case of Satender Kumar Antil vs. Central Bureau Of Investigation, in Special Leave Petition (Crl.) No.5191 Of 2021, the learned trial court was required to issue a bailable warrant of arrest.

¶4The learned APP has prayed for interference with the impugned orders.

¶5It is noted that in this case the petitioner is accused of committing a heinous offence, so an early trial is required. Therefore, when the petitioner was directed to appear on a certain date, it was his duty to appear on the date fixed i.e. on 13.05.2022, but he was absent without steps. Under such circumstances the Court finds that the learned trial Court had rightly issued NBWA against him. Page No.# 3/3 Therefore, the Court does not find any infirmity in the orders impugned in this application.

¶6Be that as it may, as the learned counsel for the petitioner has submitted that the petitioner shall appear before the Court, the Court is inclined to direct the petitioner to appear before the learned trial Court and to facilitate such appearance, the execution of the NBWA issued against the petitioner is ordered to be kept in abeyance for a period of 10 (ten) days from today within which time the petitioner shall appear before the learned Special Judge (POCSO), Baksa, Mushalpur and apply for a fresh bail.

¶7If such an application is filed, the trial Court shall consider the causes shown for non-appearance on the next date fixed and shall pass appropriate orders and if required enhance the quantum of bond if so deemed fit.

¶8With the aforesaid observation, this criminal petition stands closed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010035512023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./162/2023 MD. RASHIDUL ALI @ BABUL @ RASHIDUL ISLAM S/O OMAR ALI R/O VILL- MATANG P.S. SALBARI, DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MD. SAHADOT ALI S/O TUFAJ ALI R/O BHAKUMARI P.S. SALBARI DIST. BAKSA ASSA Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA