Muchoi Mia @ Musabbir Ali v. The State of Assam

ORDER Date : 01.10.2024 Heard Mr. A. Ahmed, 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 482 of the BNSS, 2023 in respect of PRC Case No. 40/2024 pending in the court of the learned Judicial Magistrate 1st Class -II, Page No.# 2/2 Karimganj.

¶3The petitioner has been charge-sheeted in a case. The case is triable by the Court of Sessions. The petitioner has apprehended that since the court of the learned Judicial Magistrate 1st Class does not have the jurisdiction to entertain his bail application, he will be remanded to custody.

¶4The learned counsel for the petitioner submits that the petitioner is interested in facing the trial.

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

¶6Since the petitioner has shown interest in facing the trial, he deserves to be given the opportunity to face the trial.

¶7Therefore, it is directed that on his appearance before the court of the learned Judicial Magistrate 1st Class -II, Karimganj, the petitioner, Muchoi Mia @ Musabbir Ali shall be released on bail of Rs. 20,000/- to the satisfaction of the learned Judicial Magistrate 1st Class -II, Karimganj.

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

Page No.# 1/2 GAHC010205832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2638/2024 MUCHOI MIA @ MUSABBIR ALI S/O LT. MUZIAD ALI @ MUZAHID ALI R/O VILL- MONOSANGAN P.O. RAKESHINAGAR P.S. KARIMGANJ DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,U U KHAN,MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA