Md Makbul Ali v. The State of Assam

Page No.# 1/2 GAHC010199002024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2568/2024 MD MAKBUL ALI S/O LATIF ALI R/O VILL-NO. 2 CHAPORABARI P.S. MAZBAT DIST. UDALGURI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD. I HUSSAIN, Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

24.09.2024

Heard Mr. L.R. Mazumdar, the learned counsel appearing for the petitioner. Also heard Mr. Bankim Sarma, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2

¶2This is an application under Section 438 of the CrPC praying for granting pre-arrest bail in respect of PRC No.516/2024 pending in the court of learned Addl. Chief Judicial Magistrate, Sonitpur at Tezpur.

¶3The petitioner has been shown as an absconder in a charge sheet filed under different sections of the Indian Penal Code including Section 333 of the said Code.

¶4The Addl. Chief Judicial Magistrate issued non-bailable warrant of arrest against the present petitioner Md. Makbul Ali. The petitioner, now, submits that he intends to face the trial but apprehends that if he appears before the court of Addl. Chief Judicial Magistrate, he shall be remanded to custody as the said court does not have the jurisdiction to entertain his bail application.

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

¶6Since the petitioner wants to face the trial, this Court is of the opinion that he should be given an opportunity to face the trial. Therefore, the application for bail of the petitioner is allowed.

¶7It is hereby directed that on his appearance before the Addl. Chief Judicial Magistrate, Sonitpur at Tezpur in respect of PRC No.516/2024, the petitioner Md. Makbul Ali shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the Addl. Chief Judicial Magistrate, Sonitpur at Tezpur. With the aforesaid direction, the application for bail is disposed of.

JUDGE Comparing Assistant