Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./388/2025 NUR MOHAMMAD SON OF JONAB ALI, VILLAGE KHARUBHAJ, P.O. RAJMITA, P.S.LAKHIPUR, DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, MR. N ISLAM,MS. P AHMED,N. UDDIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.05.2025 Heard Mr. M I Hussain, the learned counsel appearing for the petitioner. Also heard Mr. Bankim Sarma, the learned Additional Public Prosecutor appearing for the State of Assam.
2. This is an application under Section 528 of the BNSS, 2023 in respect of P R C Case No. 77/2025 pending in the court of the learned Judicial Magistrate First Class, Goalpara.
3. The petitioner Nur Mohammad has been shown as an absconder in the charge sheet, wherein commission of sessions’ triable offence has been alleged against the petitioner. The trial
Page No.# 2/2 court has issued summons to the petitioner. He now apprehends that since he has been shown as an absconder in the charge sheet, he will be remanded to custody, if he appears before the trial court.
4. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. Therefore, his petition is allowed.
5. I have considered the submissions made by the learned counsel of both sides.
6. The petitioner Nur Mohammad is directed to appear before the court of Judicial Magistrate 1st Class, Goalpara on 08.05.2025 in respect of P R C Case No. 77/2025 pending in the court of the learned Judicial Magistrate First Class, Goalpara. On his appearance, the petitioner Nur Mohammad shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Goalpara. The criminal petition stands disposed of accordingly.
JUDGE Comparing Assistant