Hajarat Ali @ Hazarat Ali and Anr v. The State of Assam and Anr

ORDER Date : 01.10.2024 Heard Mr. S. M. Abdullah P., learned counsel appearing for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the state of Assam.

¶2This is an application under Section 528 of the BNSS, 2023 challenging the order dated 03.09.2024 passed by the learned Special Judge, Barpeta in Spl. (NDPS) Case No. 14/2024 directing issue of non-bailable warrant of arrest against the petitioners.

¶3Both the petitioners have been shown as absconders in the charge-sheet. They filed an application before the learned trial court showing the reasons of their absence. The trial court held that since the petitioners are shown as absconders in the charge-sheet, the prayer of the petitioners was rejected and the court below directed issue of non-bailable warrant of arrest against them.

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

¶5Both the petitioners are interested in facing the trial and therefore, the petitioners deserve to be given the opportunity to face the trial.

¶6Therefore, the impugned order dated 03.09.2024 passed by the learned Special Judge, Barpeta in Spl. (NDPS) Case No. 14/2024 directing issue of non-bailable warrant of arrest against the petitioners are set aside. It is also directed that the petitioners shall appear before the trial court in connection with Spl. (NDPS) Case No. 14/2024 on 24th of October, 2024.

¶7On their appearance before the trial court, both the petitioners, 1. Hajarat Ali @ Hazarat Ali and 2. Muktar Ali shall be released on bail of Rs. 25,000/- each to the Page No.# 3/3 satisfaction of the learned trial court.

¶8With the aforesaid direction, the criminal petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010203132024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1201/2024o HAJARAToALIo@oHAZARAToALIoANDoANRo S/OoHANIFoALI,o RESIDENToOFoKARAIKHAITY,oPSoKACHUMARA,oDISToBARPETAo,ASSAM 2:oMUKTARoALI oS/OoASKERoALI o RESIDNEToOFoNIRALA oPSoKACHUMARA oDISToBARPETA oASSAo VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoPPoASSAM 2:MRINALoSHARMA oC/OoSI(P)oKALGACHIA oPSoKALGACHIA oDISToBARPETA oASSAMo78131o AdvocateoforotheoPetitionerooooo:oMRoSoMoABDULLAHoP,oMDoRoISLAM,MR.oSoRAHMAN,MSoFo ooooooooooooooooooooooooooooooooooooooooooooooooooooooHUSSAIN,MDoIMRANo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA