Romjan Ali v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010258492024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1480/2024o ROMJANoALIo S/OoLATEoABUoTALEBo R/OoVILL-oRIVERoBLOCKo10oN.C.o P.S.oDHUBRIo DIST.oDHUBRI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:ALKASoALI oASI oHALAKURAoPOLICEoCHECKoPOSTo(PCP) oP.O.oHALAKURAo DIST.oDHUBRI oASSAMo PIN-783335o AdvocateoforotheoPetitionerooooo:oMR.oSoISLAM,oAoRoMONDAL,MRoAoHAWARIo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

04.12.2024

Heard Mr. S. Islam, the learned counsel appearing for the petitioner. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No.42/2024 pending in the court of learned Sub-Divisional Judicial Magistrate

(S), Dhubri (corresponding to Golakganj P.S. Case No.298/2023.

¶3The petitioner has been shown as an absconder in the charge sheet. He, now, wants to appear before the trial court. The petitioner submits that the offences are sessions triable and the court of Sub-Divisional Judicial Magistrate (S), Dhubri has no jurisdiction to entertain his bail application. Therefore, he apprehends that whenever he appears before the court of SDJM, he will be remanded to custody.

¶4I have considered the submissions made by the learned counsel of both sides.

¶5Since the petitioner wants to face the trial, he deserves to be given an opportunity to that effect. Therefore, his prayer is allowed.

¶6The orders issuing bailable warrant of arrest against the present petitioner are set aside.

¶7The petitioner is directed to appear before the court of Sub-Divisional Judicial Magistrate (S), Dhubri on 17.12.2024 and on his appearance, he shall be released on Page No.# 3/3 bail of ₹20,000/- with a surety of like amount to the satisfaction of the Sub-Divisional Judicial Magistrate (S), Dhubri. With the aforesaid direction, the present petition is disposed of.

JUDGE Comparing Assistant