Amir Hamja v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010191982024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1148/2024o AMIRoHAMJAo S/OoABDULoKHALEKo R/OoVILL-oBELBORIoMUSLIMGAONo P.SoMORIGAONo DIST.oMORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:ROHIMAoKHATUN oD/OoMD.oIBRAHIMoALIo R/OoVILL-oBELBORIoMUSLIMoGAONo P.S.oMORIGAON oDIST.oMORIGAON oASSAo AdvocateoforotheoPetitionerooooo:oMDoBoISLAM,oFoKHATUN,MRoAoALAM,MR.oAoAoMONDALo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

20.09.2024

Heard Mr. B. Islam, the learned counsel appearing for the petitioner. I have also heard Ms. S.H. Borah, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 528 of the BNSS, 2023 praying for setting aside and quashing the orders dated 15.06.2023 and other subsequent orders passed by the learned Judicial Magistrate First Class, Morigaon in PRC No.1685/2020 directing issue of warrant of arrest against the present petitioner.

¶3The petitioner has been shown as an absconder in a charge sheet under Sections 376/511/354(A) etc. of the Indian Penal Code.

¶4Now, the petitioner apprehends that since the offences are triable by a court of Sessions, whenever he appears before the court of learned Judicial Magistrate First Class, he shall be remanded to custody because the court of Judicial Magistrate First Class does not have the jurisdiction to entertain bail application of the present petitioner.

¶5The petitioner is interested in facing the trial.

¶6Therefore, this Court is of the opinion that the petitioner deserves to be given a chance to face the trial.

¶7It is hereby directed that on his appearance before the court of judicial Magistrate First Class, Morigaon, the petitioner Amir Hamja shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of learned Judicial Magistrate First Class, Morigaon. Page No.# 3/3 With the aforesaid direction, the criminal petition is disposed of.

JUDGE Comparing Assistant