Md Ibrahim Ali v. The State of Assam

ORDER Date : 28.10.2024 Heard Mr. S. Nawaz, learned counsel appearing for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam. This is an application under Section 482 of the BNSS, 2023 in respect of Page No.# 2/3 the PRC Case No. 1565/2023. The petitioner has been shown as an absconder in the charge-sheet alleging that he had committed an offence under Section 306 of the Indian Penal Code. Mr. Goswami, learned Additional Public Prosecutor submits that the LCR needs to be called for. I have considered the submissions made by the learned counsels of both the sides. Since, the petitioner has been shown as an absconder in the charge-sheet, he has apprehension that whenever he will appear before the learned Additional Chief Judicial Magistrate, Sonitpur in connection with PRC Case No. 1565/2023, he shall be remanded to custody as the said Court does not have the jurisdiction to entertain his bail application. The petitioner submits that he is interested in facing the trial. I have gone through the materials available on record. Since, the petitioner wants to face the trial, he deserves to be entitled to be given an opportunity to face the trial, therefore, his bail application is allowed. It is hereby directed that whenever the petitioner, namely, Md. Ibrahim Ali shall appear before the Court of the learned Additional Chief Judicial Magistrate, Sonitpur in connection with PRC Case No. 1565/2023, he shall be released on bail of Rs.20,000/- (Rupees Twenty Thousand) with a surety of like amount to Page No.# 3/3 the satisfaction of the learned Additional Chief Judicial Magistrate, Sonitpur. It is hereby directed that the petitioner shall attend the trial on each and every date. Whenever, he would make default in appearance without showing any sufficient cause, the Trial Court shall have the liberty to take appropriate action. With the aforesaid directions, the bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010224502024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2824/2024 MD IBRAHIM ALI S/O MD. FAIZUL HOQUE PERMANENT RESIDENT OF VILL- KAMARCHUBURI, P.S. THELAMARA OF DISTRICT SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,SAMIM RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA