Hasanur Islam @ Rahman v. The State of Assam and Anr

ORDER Date : 12 .06. 2024 Heard Mr. P.K. Das, learned counsel for the petitioner and Mr. D.P. Goswami, learned Addl. PP for the State respondent No.1 This is an application under Section 482 Cr.P.C. read with Article 227 of the Page No.# 2/2 Constitution of India against the impugned order darted 02.05.2024, passed by the learned Special Judge, Bilasipara in Special (POCSO) Case No. 72/2023. The learned counsel for the has submitted that the petitioner was shown absconder in the charge sheet and he was not present during investigation as he being the daily wage earner, went to Kerala and as such he has no knowledge about the pendency of this case and prays for recalling the warrant of arrest issued against the petitioner. On the other hand, leaned Addl. P.P. has submitted that as the petitioner was shown absconder in the charge sheet he may approach before the trial court to seek regular bail. I have perused the orders of the trial Court and it reveals that the petitioner was shown absconder in the charge sheet. Though bailable warrant was issued against him, he did not appear before the trial Court. Subsequently, NBWA was issued. In view of the above, the petitioner is directed to surrender before the trial court and in the event of filing any bail application, the same shall be considered in accordance with law. The criminal petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010110762024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./677/2024 HASANUR ISLAM @ RAHMAN S/O SER ALI, R/O KADAMTOLA PT II, P.O. AND P.S.-BILASIPARA, DIST- DHUBRI, ASSAM, PIN-783348 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:JOBAN ALI S/O LT. TOMEJ ALI SK R/O GUTIPARA PT-I P.O. AND P.S.-BILASIPARA DIST- DHUBRI ASSA Advocate for the Petitioner : MR P K DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI