Malek Ali v. The State of Assam

Page No.# 1/2 GAHC010220612024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2822/2024 MALEK ALI S/O TAJIM UDDIN SHEIKH VILL-BARBALUPARA P.S.MATIA DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM,

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

28.10.2024

Heard Mr. F. Haque, the learned counsel appearing for the petitioner. Also heard Mr. M.P. Goswami, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2

¶2Mr. Goswami submits that the scanned copy of the LCR should be called for.

¶3This is an application under Section 482 of the BNSS, 2023 in respect of PRC No.1016/2024.

¶4The petitioner is shown as an absconder in a charge sheet alleging that he had committed offences under Sections 376/313/323/506/34 of the IPC.

¶5The petitioner submits that he has married the informant and wants to face the trial.

¶6The petitioner further submits that since the offence is a Sessions triable one, the court of learned Chief Judicial Magistrate would not allow him to go on bail.

¶7I have considered the submissions made by the learned counsel of both sides.

¶8Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to face the trial.

¶9Therefore, it is hereby directed that whenever the petitioner, namely-Malek Ali appears before the learned Chief Judicial Magistrate, Goalpara in connection with PRC No.1016/2024, he shall be allowed to go on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority.

¶10The petitioner shall regularly appear before the learned trial court on each and every date. If he defaults in appearance, the trial court shall be at liberty to take appropriate action against him. With the aforesaid direction, the present application for bail is disposed of.

JUDGE Comparing Assistant