Girish Ch Kalita v. The State of Assam

ORDER Date : 03.10.2024 Heard Mr. K.U. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Addln. Public Prosecutor for the state of Assam.

¶2This is an application under Section 401 of the Cr.P.C. in respect of GR Case No. 3523/2012 pending in the court of the learned Chief Judicial Magistrate, Kamrup (M), Page No.# 2/2 Guwahati.

¶3The petitioner has been facing trial for committing offence u/s 420 of the Indian Penal Code. During COVID period, he could not appear before the trial court. Therefore, non-bailable warrant of arrest was directed to be issued against him.

¶4I have considered the submissions made by the learned counsels of both sides.

¶5The petitioner is interested in facing the trial and therefore, he should be given an opportunity to that effect.

¶6Therefore, all the impugned orders directing issue of non-bailable warrant of arrest against the petitioner Girish Ch. Kalita in respect of GR Case No. 3523/2012 pending in the court of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati are set aside.

¶7The petitioner Girish Ch. Kalita shall be allowed to remain on previous bail. With the aforesaid direction, this criminal revision petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010178802024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./339/2024 GIRISH CH KALITA S/O LATE SULABH KALITA R/O VILL- PANITEMA P.O. PANITEMA P.S.KAMALPUR, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : K U AHMED, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA