Md Hasmat Ali v. The State of Assam

ORDER Date : 13-12-2024

Heard Mr. S. 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 praying for pre-arrest bail in respect of PRC No.1032/2024 arising out of Kachua P.S. Case no. Page No.# 2/2 22/2024, registered under Sections 302/34, Indian Penal Code.

¶3In a case under Section 302, Indian Penal Code along with some other sections of law, the petitioner, Md. Hasmat Ali is shown as an absconder. The Court of Chief Judicial Magistrate, Nagaon has issued summons to the present petitioner. He has apprehended that since the offence under Section 302, Indian Penal Code is a Sessions triable case, therefore, he shall not be released on bail by the Court of Chief Judicial Magistrate, Nagaon.

¶4The petitioner submits that he is interested in facing the trial because he has been wrongly arraigned in this case.

¶5I have considered the submissions made by the learned counsel for both sides.

¶6Since the petitioner is interested in facing the trial, he deserves an opportunity to that effect. Therefore, this application is allowed.

¶7The petitioner, namely Md. Hasmat Ali, is hereby directed to appear before the learned Chief Judicial Magistrate, Nagaon in connection with PRC No.1032/2024 arising out of Kachua P.S. Case no. 22/2024 and on his such appearance, he shall be released on bail of ₹25,000/- with surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon. With the aforesaid direction, the application for bail is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010262392024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3274/2024 MD HASMAT ALI S/O LT. MONUR UDDIN R/O NO. 2 FAKALI P.S. KACHUA DIST. NAGAON, ASSAM PIN-782426 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, GOVT. OF ASSAM Advocate for the Petitioner : S AHMED, MS A HUSSAIN,MR. M I HUDA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA