Letton R. Marak v. The State of Assam

ORDER Date : 28.10.2024 Heard Mr. F. Haque, learned counsel appearing for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam. This is an application under Section 528 of the BNSS, 2023 has been filed challenging the orders passed by the learned SDJM(S), Goalpara in respect of Page No.# 2/2 GR Case No. 1526/2016 directing the issuance of Non-bailable Warrant of Arrest against the present petitioner. The petitioner was earlier facing the trial in respect of GR Case No. 1526/2016 in the Court of the learned SDJM(S), Goalpara. He submits that because of COVID-19, he could not appear in the Trial Court. Ultimately, the Trial Court directed issuance of Non-bailable Warrant of Arrest against him. The petitioner submits that he is interested in facing the trial. I have considered the submissions made by the learned counsels for both the sides. Since, the petitioner is interested in facing the trial, he deserves to be given an opportunity to that effect. Therefore, all the orders directing issue of Non-bailable Warrant of Arrest against the present petitioner, namely, Letton R. Marak are set aside. It is directed that in the event of appearance before the Court of the learned SDJM(S), Goalpara, in respect of GR Case No. 1526/2016, the petitioner, namely, Letton R. Marak shall be allowed to go on bail of Rs.20,000/- (Rupees Twenty Thousand) with a surety of lime amount to the satisfaction of learned SDJM(S), Goalpara. With the aforesaid observation, the criminal petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010175412024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1071/2024 LETTON R. MARAK S/O STING SANGMA R/O TAPAGAREK P.S. MENDI PATHAR DIST. NORTH GARO HILLS, MEGHALAYA. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA