Zakir Hussain and Anr v. The State of Assam

Page No.# 1/2 GAHC010190662024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2479/2024 ZAKIR HUSSAIN AND ANR S/O ANSAR ALI VILL-DHARMASALA P.S. AND DIST. DHUBRI, ASSAM 2: NUR HUSSAIN S/O BOSORUDDI VILL-UCHITA P.S. GOLAKGNJ DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M MONDAL, MR. S ISLAM,MR D C NATH Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

19.09.2024 Heard Mr. S. Islam, the learned counsel appearing for the petitioners. I have also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the BNS, 2023 praying for grant of Page No.# 2/2 pre-arrest bail in respect of PRC No.563/2024 arising out of Dhubri P.S. Case No.379/2019 pending in the court of learned Chief Judicial Magistrate, Dhubri.

¶3Both the petitioners are shown as absconders in a charge sheet filed under Section 364(A) of the Indian Penal Code.

¶4Now, the petitioners apprehend that since the offence is triable by a court of Sessions, whenever they appear before the court of learned Chief Judicial Magistrate, they shall be remanded to custody because the court of Chief Judicial Magistrate does not have the jurisdiction to entertain bail application of the present petitioners.

¶5I have considered the submissions made by the learned counsel of both sides.

¶6Since, the petitioners are interested in facing the trial, this Court is of the opinion that they deserve to be given a chance to face the trial.

¶7It is hereby directed that on their appearance before the court of Chief Judicial Magistrate, Dhubri in respect of PRC No.563/2024 arising out of Dhubri P.S. Case No.379/2019, the petitioners, namely-Zakir Hussain and Nur Hussain shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of learned Chief Judicial Magistrate, Dhubri. With the aforesaid direction, the application for bail is disposed of.

JUDGE Comparing Assistant