Abdul Halim @ Abdul Halim Khan @ Abdul Helim Khan v. The State of Assam

ORDER Date : 13.08.2024 Heard Mr. S.Alim, the learned counsel appearing for the petitioner. Also heard Mr.R.R. Kaushik, the learned Additional P.P. for the State of Assam/respondent No.1.

¶2This is an application under Section 528 of BNSS, 2023 challenging the impugned orders dated 11.05.2023, 09.10.2023, 20.03.2024, 06.05.2024 and 16.07.2024 passed by the learned Additional Sessions Judge No. 1, Kamrup(Metro), Guwahati in Sessions Case No. 158/2016. Page No.# 2/2

¶3On 12.05.2010, some persons assaulted the informant police personnel. The name of the miscreants are not mentioned in the FIR. However, at a subsequent stage, police arrested Pahar Khan and Kalu Mia. After that, some persons approached this Court seeking anticipatory bail. This Court allowed their prayer. One of the petitioners is Abdul Halim Khan, son of Somej Khan. Finally police filed a charge sheet against some persons including the present petitioner.

¶4Now, the petitioner states that he is Abdul Halim Khan, son of Somej Khan, who is the brother of Abdul Hakim Khan was granted anticipatory bail by this Court. The petitioner states that in in spite of that, the court issued non-bailable warrant of arrest against him that his name does not appear in the charge-sheet.

¶5The petitioner approached the trial court. For that purpose, the trial court did not accept that plea.

¶6I have considered the submissions made by the learned counsels of both sides.

¶7The documents available in the record shows that Abdul Hakim Khan and Abdul Halim Khan are sons of Somej Ali.

¶8Therefore, the impugned order is set aside.

¶9The petitioner Abdul Halim Khan is directed to approach the trial court and the trial court shall consider his case again on the basis of documents. On his appearance before the trial court, he shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the trial court.

¶10The non-bailable warrant of arrest and proclamation issued against the petitioner shall be recalled.

¶11With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010160692024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./967/2024 ABDUL HALIM @ ABDUL HALIM KHAN @ ABDUL HELIM KHAN S/O SOMEJ KHAN R/O VILL- FULBARI P.S. TARABARI, PIN-781302 DIST. BARPETA, ASSAM MOBILE NO. 9957816262 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S ALIM, MR. D ZAKARIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA