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2025 DAILYLAW 10508 (GAU)

SHER ALI v. THE STATE OF ASSAM AND ANR.

Crl.Pet./457/2025 · 2025-06-04

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010074042025 2025:GAU-AS:7377 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./457/2025 SHER ALI S/O- SUKUMUDDIN, VILL- NALBARI, PO- BHAITBARI, PS- PHULBARI, DIST. WEST GARO HILLS,MEGHALAYA, PIN- 794104 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:AZAHAR ALI S/O LATE ABDUL AWAL SK. VILL-UZAN BOZRA P.O. AND P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78312 Advocate for the Petitioner : MR. M R KHANDAKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.06.2025 1. Heard Mr. M. R. Khandakar, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023 in respect of Special (P) Case No.201/2024, pending in the Court of learned Special Judge, South Salmara, Mankachar. 3. The petitioner has been shown as an absconder in the Charge-Sheet. He submits that he is interested in facing the trial, therefore he should be given one opportunity to that effect. 4. Learned Additional Public Prosecutor has objected to this bail application. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioner is interested in facing the trial, he shall be given adequate opportunity to that effect. 7. Therefore the bail application is allowed. 8. The petitioner Sher Ali is directed to appear before the Trial Court of learned Special Judge, South Salmara, Mankachar, in respect of Special (P) Case No.201/2024 within next 7(seven) days from today. 9. On his appearance, the petitioner Sher Ali shall be release shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, South Salmara, Mankachar. 10. The petitioner shall regularly appear before the Trial Court on each and every date of hearing, if he fails to appear without showing satisfactory reasons, the Trial Court shall have the liberty to procure his attendance in accordance with the procedure as laid down by law. Page No.# 3/3 11. With the aforesaid direction, the Criminal petition is disposed of. JUDGE Comparing Assistant