Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010085142025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./502/2025 HANIF ALI S/O. MANIK ALI, R/O. VILL.- NO. 2 BORBALA (SITOLMARI), P/S.
SIYALMARARI, DIST. NALBARI, ASSSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR A AKBAR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 01.05.2025
1. Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.1079/2024, arising out of Sipajhar P.S. Case No.18/2023, pending in the Court of learned Chief Judicial Magistrate, Mangaldai, Darrang.
3. The petitioner Hanif Ali has been shown as an absconder in the Charge-Sheet,
Page No.# 2/2 therefore he apprehends that he may be remanded to custody after he appear before the Trial Court.
4. The learned counsel for the petitioner submits that the petitioner has been unnecessarily arraigned and, therefore, he should be given one opportunity to contest the case.
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 deserves to be given one opportunity to that effect.
7. Therefore, the application filed by the petitioner is allowed.
8. The petitioner Hanif Ali is directed to appear before the Court of learned Chief Judicial Magistrate, Mangaldai, Darrang in PRC Case No.1079/2024 within next 10(ten) days from today.
9. On his appearance, the petitioner Hanif Ali shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the of learned Chief Judicial Magistrate, Mangaldai, Darrang.
10. With the aforesaid direction, the Criminal Petition stands disposed of.
JUDGE Comparing Assistant