Md. Aminul Ali v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010070282024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./391/2024o MD.oAMINULoALIo S/OoLT.oRAHAMoALI,oR/OoBARoARIKATIo(JADHAMoSONTALI),oP.S.-BOKO,o DIST-oKAMRUP,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:BISWAJIToNATH oS/OoLATEoLAKHIRAMoNATH oINSPECTOR oRPF/POSTo(PANDU) oKAMAKHYA oP.S.-JALUKBARI oDIST-oKAMRUPo(M) oASSAo AdvocateoforotheoPetitionerooooo:oMR.oAoPARAMANIKo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo Dateo:ooo05o.04.o2024 Page No.# 2/3 Heard Mr. A. Paramanik, learned counsel for the petitioner and Mr. BB Gogoi, learned Addl. PP for the opposite party No. 1. This is an application under Section 482 of Cr.P.C. read with article 227 of the Constitution of India for setting aside and quashing the impugned order dated 03.05.2017 and the subsequent orders passed by the learned Sessions Judge, Kamrup (M), Guwahati in connection with Sessions Case No. 306/2016 (arising out of GR PS Case No. 108/2013) U/S 328/379/ 511 IPC added Section 22(a) of the NDPS Act whereby NBWA and P&A was issued against the petitioner. It is submitted by the learned counsel for the petitioner that the petitioner has failed to appear before the trial court since 2017 when the case was fixed for recording of evidence of the witnesses. As such, non-bailable warrant of arrest (NBWA) and thereafter P&A was also issued against the accused/ petitioner. He further submits that the petitioner went to Karnataka to earn his livelihood as such he was not in a position to attend the court. Considering the facts and circumstances of the case, warrant of arrest and P&A issued against the petitioner may be recalled. The learned Addl. PP has submitted that as warrant of arrest and P&A were issued against the petitioner and as the case is pending for trial, the petitioner may approach before the trial court seeking regular bail. I have perused the order dated 03/05/2017 from which it reveals that the case is pending in the court since 2017 and the petitioner had knowledge about the pendency of the case at evidence stage. Due to absence of the petitioner for such a long time, the proceeding of the case is delayed. In view of the above, this criminal petition is disposed of with a direction Page No.# 3/3 to the petitioner to surrender before the trial court and in the event of filing any application seeking bail, learned trial court shall consider the matter in accordance with law.

JUDGE Comparing Assistant