Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010071522025
2025:GAU-AS:4003
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/308/2025 MUKSIDUL HOQUE S/O MD. MANSUR HOQUE, RESIDENT OF VILLAGE TEZPUR PANCH MILE, PS TEZPUR, DIST SONITPUR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 03.04.2025
Heard Mr. B. Chowdhury, learned counsel for the applicant. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent No. 1.
Page No.# 2/3 This interlocutory application has been filed praying for correction of the
Order dated 28.03.2025, passed in Bail Appln. No. 760/2025.
It is submitted by Mr. Chowdhury, learned counsel appearing on behalf of the applicant, that though the present applicant was granted with bail by this Court vide order dated 28.03.2025, passed in Bail Appln. No. 760/2025, but, inadvertently, while preferring the said bail application, the case number and the Court before whom the trial is pending has not been mentioned in the cause title as well as in the prayer portion. Accordingly, he submitted that in the said
order dated 28.03.2025, passed in Bail Appln. No. 760/2025, the case number may be corrected as Spl. (NDPS) Case No. 03/2025, arising out of Behali P.S. Case No. 12/2025, under Section 111 of BNS read with Section 21(b)/29 of NDPS Act, pending before the Court of learned Special Judge, Biswanath, Biswanath Chariali, and the bail bond and surety may also be altered to the satisfaction of the learned Special Judge, Biswanath, Biswanath Chariali, instead of learned SDJM (M), Biswanath Lakhimpur, Lakhimpur.
In view of above of the submission made above and also considering the fact that the mistake being inadvertent in nature, I hereby allow the present interlocutory application. Accordingly, the order dated 28.03.2025, passed in Bail Appln. No. 760/2025, stands corrected to the extent indicated below:
“This application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 37 of the NDPS Act, is preferred by the petitioner, who has been languishing in jail hazot since 01.02.2025 in connection with Spl. (NDPS) Case No. 03/2025, arising out of Behali P.S. Case No. 12/2025, under Section 111 of BNS read with Section 21(b)/29 of NDPS Act, pending before the Court of learned Special Judge, Biswanath, Biswanath Chariali.
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Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Biswanath, Biswanath Chariali, the accused/petitioner, namely, Md. Muksidul Hoque, be enlarged on bail, subject to the following conditions:
(i) that the petitioner shall appear before the Court of learned Special Judge, Biswanath, Biswanath Chariali, on each and every date to be fixed by the Court;
(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
(iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Biswanath, Biswanath Chariali, without prior permission.”
This order shall be treated as a part of the order dated 28.03.2025, passed in Bail Appln. No. 760/2025.
In terms of above, this interlocutory application stands disposed of.
JUDGE Comparing Assistant