Sanjib Doley and Anr v. The State of Assam and Anr

ORDER Date : 15.12.2023

¶1Heard Ms. K. A. Pujari, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.

¶2This application under section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners, namely, (1). Sanjib Doley, and (2) Purnakanta Doley @ Nalia, impugning the order dated 18.09.2023 passed by leaned Sessions Judge, Dhemaji in Sessions Case No. 109 (DH)/2017, whereby non bailable warrant of arrest was issued against the present petitioners.

¶3Learned counsel for the petitioners has submitted that the petitioners are facing a trial before the Court of learned Sessions Judge, Dhemaji in Sessions Case No. 109 (DH)/2017, where the petitioners were regularly appearing and even when they failed they used to engage the counsel to show their cause of absence before the learned Trial Court, however it is submitted by learned counsel for the petitioner that on 18.09.2023 due to communication gap, the petitioner were unaware that the case was fixed on 18.09.2023 and they defaulted in their appearance.

¶4Learned counsel for the petitioner has submitted that though the petitioners were appearing regularly before the Trial Court however, on their single default, the learned Trial Court issued non bailable warrant of arrest against them.

¶5It is submitted by learned counsel for the petitioners that the petitioners are willing to cooperate in the trial and ready to face trial and they Page No.# 3/3 shall appeal before the learned Trial Court on the next date fixed i.e. on

20.12.2023. However, it is prayed that in order to facilitate their appearance before the learned Trial Court on the next fixed date, some interim protection may be granted to them.

¶6Considering the submissions made by learned counsel for the petitioners that the petitioners are willing to appear before the next date and ready to face the trial, learned Additional Public Prosecutor does not oppose the prayer for grant of interim protection to them.

¶7In the meanwhile, in view of the submissions made by learned counsel for both sides as well as in view of the facts and circumstance of this case, this criminal petition is disposed of with a direction to the above named petitioners to appear before the learned Trial Court, i.e, the Court of leaned Sessions Judge, Dhemaji in Sessions Case No. 109 (DH)/2017, on 20.12.2023 and cooperate in the trial in order to facilitate their appearance before the learned Trial Court, the non bailable warrant of arrest issued against above named petitioners is hereby kept in abeyance for the next two weeks.

¶8On his appearance before the learned Trial Court, the petitioners may seek appropriate relief before the learned Trial Court, if so advised.

¶9With the above observations this criminal petition is hereby disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010283502023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1334/2023o SANJIBoDOLEYoANDoANRo S/OoLATEoBENUDHARoDOLEYo R/OoVILL-MOINAPARA,oP.O.oMOINAPARAo PS.oGOGAMUKHo DIST.oDHEMAJI,oASSAM 2:oSRIoPURNAKANTAoDEOLEYo@oNALIA oS/OoLATEoBENUDHARoDOLEYo R/OoVILL-oMOINAPARA oP.O.oMOINAPARA o P.S.oGOGAMUKHo DIST.oDHEMAJI oASSAo VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:SMTI.oALISHoPEGUoDOLEY oW/OoSRIoBADANoDOLEYo R/OoVILL-oNO.o2oMOINAPARAo P.O.oMOINAPARA oP.S.GOGAMUKHo DIST.oDHEMAJI oASSAo AdvocateoforotheoPetitionerooooo:oMRoKoPUJARIo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA