Atul Barman v. The State of Assam and Anr

ORDER Date : 14.11.2024

Heard Ms. T. Som, learned counsel appearing of the petitioner as well as Mr. K. Baishya, learned Additional Public Prosecutor for the respondent No. 1.

¶2This is an application u/s 528 of the BNSS, 2023 challenging the order dated 19.10.2024 passed by the Judicial Magistrate 1st Class, Barpeta in N.I. Case No. 114/2024.

¶3The petitioner is an accused in the aforesaid case and he was regularly participating in the trial. On 19.10.2024, the petitioner could not appear before the court because of his personal difficulties and therefore, the trial court directed to issue non-bailable warrant of arrest against him.

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

¶5The petitioner is interested in facing the trial. Therefore, he deserves to be given an opportunity to that effect. For that matter, the impugned order dated 19.10.2024 passed by the Judicial Magistrate 1st Class, Barpeta in N.I. Case No. 114/2024 stands set aside.

¶6The petitioner is directed to appear before the trial court on 19.11.2024. He shall be allowed to remain on previous bail.

¶7It is hereby directed that the petitioner shall regularly appear before the learned trial court on each and every date of hearing of the case. If he fails to appear before the learned trial court on each and every date of hearing, the trial court shall do the needful. With the aforesaid directions, the criminal petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010238942024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1376/2024o ATULoBARMANo S/OoLATEoPABANoBARMANo R/OoSINGIMARIoCHOWK,o P.O.oROUMARIo P.S.oHAJOo DIST.oKAMRUP,oASSAMo PIN-781104 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:TIKENDRAoNATHoDAS oS/OoLATEoDAYALoCH.oDASo R/OoWARDoNO.o4 oSARBHOGoTOWN o P.O.oANDoP.S.oSARBHOG o DIST.oBARPETA oASSAMo PIN-78131o AdvocateoforotheoPetitionerooooo:oMS.oToSOM,oMRoHoDAS,MS.oUoHAZARIKAo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA