JABIR HUSSAIN LASKAR ALIAS SURJOMONI v. THE STATE OF ASSAM
Crl.Pet./435/2025 · 2025-04-10
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10641 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10641 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010076562025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./435/2025 JABIR HUSSAIN LASKAR ALIAS SURJOMONI S/O-LT. AZIZUR RAHMAN LASKAR,R/O-VILL- BIDROHIPAR,P.S- KACHUDARAM,DIST-CACHAR,ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM 2:ALI AHMED MAZUMDAR S/O-NUR JAMAL MAJUMDAR R/O-VILL- BIDROHIPAR P.S-KACHUDARAM DIST-CACHAR ASSA Advocate for the Petitioner : MS. J GHOSH, MR. JUNM LASKAR,MR. P K ROYCHOUDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.04.2025 Heard the learned counsel Mr. P K Roy Choudhury appearing for the petitioner as well as Ms. S H Borah, 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 Special,
Page No.# 2/2 POCSO, Case No. 131/2024 pending in the court of the learned
Addln. Sessions Judge, Special Judge, (POCSO), Cachar, Silchar.
3. The present petitioner Jabir Hussain Laskar @ Surjomoni has been shown as an absconder in the charge sheet. He now apprehends that if he appears before the trial court, he will be remanded to custody because he has been shown as an absconder in the charge sheet.
4. Mr. Choudhury submits that the petitioner is not directly connected with the alleged offence. He submits that the petitioner therefore prays for giving him one opportunity to defend himself in the trial court.
5. I have considered the submissions made by the learned counsel of both sides.
6. Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to that effect. Therefore, his application his allowed.
7. Therefore, all orders directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner Jabir Hussain Laskar @ Surjomoni in respect of Special POCSO, Case No. 131/2024 by the learned Addln. Sessions Judge, Special Judge, (POCSO), Cachar, Silchar are set aside.
8. The aforesaid petitioner is directed to appear before the court of the learned Addln. Sessions Judge, Special Judge (POCSO), Cachar, Silchar on 22.04.2025. On his appearance, the petitioner Jabir Hussain Laskar @ Surjomoni shall be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Session Judge, Special Judge, (POCSO), Cachar, Silchar.
9. The criminal petition stands disposed of accordingly. JUDGE Comparing Assistant