Zinnatul Ali @ Zinnatul Islam v. The State of Assam and Anr

ORDER Date : 01.10.2024 Heard Mr. A. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. D. Das, Page No.# 2/2 learned Additional Public Prosecutor for the state of Assam.

¶2This is an application under Section 528 of the BNSS, 2023 challenging the order dated

29.08.2024 passed by the learned Additional Chief Judicial Magistrate, Morigaon, Assam in P.R.C. No. 189/2024 directing issue of non-bailable warrant of arrest against the petitioners.

¶3The petitioner has been facing trial before the learned court below.

¶4On 29.08.2024, the petitioner could not appear before the trial court because of his indisposition. His lawyer filed an application before the court below stating that the petitioner was suffering from diarrhea and therefore, he could not appear before the court below on that day. The trial court held that the offence alleged against the petitioner is a serious one and on that ground, the said application was rejected. The trial court directed that non-bailable warrant of arrest should be issued against the petitioner.

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

¶6Without any deliberation, the impugned order dated 29.08.2024 passed by the learned Additional Chief Judicial Magistrate, Morigaon, Assam in P.R.C. No. 189/2024 is set aside and quashed.

¶7The petitioner shall be allowed to remain on previous bail.

¶8With the aforesaid direction, the present criminal petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010204302024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1224/2024 ZINNATUL ALI @ ZINNATUL ISLAM S/O SAFIKUL ALI @ SAFIQUL ISLAM R/O VILL- KACHARIBORI P.S. LAHARIGHAT DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP, ASSAM 2:PHANI PATHAK S/O RANTESWAR PATHAK JOINT DIRECTOR OF HEALTH SERVICES DIST. MORIGAON ASSA Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA