JOYMOT ALI @ JAIMAT ALI v. THE STATE OF ASSAM AND ANR
Crl.Pet./516/2025 · 2025-05-01
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11606 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11606 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010090802025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./516/2025 JOYMOT ALI @ JAIMAT ALI S/O- JAHAR UDDIN.
VILL- GRAND LAND BAGICHA, PANBARI, P.S-DHULA, DIST- CACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM 2:KALIKANTA DAS S/O- LATE KUTURAM DAS
VILL- BHAIBHAVPUR
P.S- KATIGORHA
DIST.- CACHAR ASSAM. PIN-78881 Advocate for the Petitioner : MR. A ALI, S. AHMED Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 02.05.2025 Heard Mr. A. Ali, learned counsel appearing for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2) This is an application under Section 528 of the BNSS, 2023 in respect of Sessions Case No. 60/2020 pending in the Court of the learned Sessions/Special Judge, Cachar, Silchar. 3) The petitioner has been facing trial in the Court of the learned Sessions/Special Judge, Cachar, Silchar in Sessions Case No. 60/2020. 4) In the meantime, Covid came in and the petitioner also lost contact with his lawyers. Ultimately, when the Court resumed working regularly, he was found absent in the Court. Therefore, the Trial Court directed the issue of Non-bailable Warrant of Arrest (NBWA) against him. 5) The petitioner has submitted that he is interested in facing the trial but only because of the Covid situation, he could not appear in the Court, as he had lost contact with his lawyer. 6) I have considered the submissions made by the learned counsel of both the sides. 7) Since the petitioner is interested in facing the trial, he should be given one opportunity to that effect. Therefore, the application filed by the petitioner Joymot Ali @ Jaimat Ali is allowed. 8) All orders directing the issue of NBWA against him by the learned Sessions/Special Judge, Cachar, Silchar in Sessions Case No. 60/2020 are set aside. 9) The petitioner Joymot Ali @ Jaimat Ali is directed to appear before the aforesaid Court on 05.05.2025. 10) On his appearance, he shall be released on fresh bail of Rs. 25,000/- with a surety of like amount, to the satisfaction of the learned Sessions/Special Judge, Cachar, Silchar.
Page No.# 3/3 11) With the aforesaid direction, this criminal petition is disposed of.
JUDGE Comparing Assistant