Page No.# 1/3 GAHC010095162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./533/2025 SRI RATUL CHUTIA S/O SHRI MAJIN KR. CHUTIA, R/O GANGAPUR, P.O. AND P.S. MORIANI, DISTRICT- JORHAT, ASSAM, PIN 785001 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI RIKUL MAJINDER BARUA R/O BANFUL PATH HATIGAON DISTRICT KAMRUP(METRO) PIN 78103 Advocate for the Petitioner : MR. B CHETRI, MS. D BORA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.05.2025 1. Heard Mr. B. Chetri, 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 Suraksha Sanhita, 2023, in respect of G.R. Case No.5446/2009, pending in the Court of learned Judicial Magistrate First Class, Kamrup, Guwahati. 3. The petitioner is an accused before the Trial Court. On 03.05.2023 when the case was posted for recording evidence, the petitioner could not come to the Court and his lawyer filed an application being petition No.5848/2023 and the learned Trial Court rejected the said application stating that the grounds shown in the said petition was not satisfactory and directed issue of non-bailable warrant of arrest against him 4. I have considered the submissions made by learned counsel for both the sides. 5. On some occasions, Criminal Courts should be judicious. There is an old proverb that justice hurried is justice buried. 6. It appears that the learned Trial Court was in a hurry to dispose of the case. 7. The petitioner has been facing trial regularly and therefore he should be given adequate opportunity to contest the case. 8. For the aforesaid reasons this Court is of the opinion that the impugned order dated 03.05.2023 is bad in law and stands set aside. Page No.# 3/3 9. The warrant of arrest, if issued shall be recalled. 10. It is hereby directed that the petitioner Ratul Chutia shall appear before the Court of learned Sub-Divisional Judicial Magistrate, Kamrup (Metro), Guwahati in respect of G.R. Case No No.5446/2009 within next 10(ten) days from today. 11. On his appearance, the petitioner Ratul Chutia shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Sub- Divisional Judicial Magistrate, Kamrup (Metro), Guwahati, Assam. 12. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant