Page No.# 1/3 GAHC010095992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./534/2025 ZAHER ALI AND ANR S/O-ISMAIL SHEIKH R/O-VILL. PIPULBARI PT- III P. O. DHANUA P.S. -MANKACHAR DIST. -SOUTH SALMARA MANKACHAR, ASSAM, PIN-783135 2: AKBOR ALI S/O. ASKAR ALI . R/O-VILL. PIPULBARI PT- III P. O. DHANUA P.S. -MANKACHAR DIST. -SOUTH SALMARA MANKACHAR ASSAM PIN-783135 3: MOSTOFA SK @ BAKTO ALI @ BOKTO @ BOKTO SHEIKH S/O-. ASKAR ALI. R/O-VILL. PIPULBARI PT- III P. O. DHANUA P.S. -MANKACHAR DIST. -SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM Advocate for the Petitioner : MR. S. ALOM, MR. S H ZAMAN,MR. M A I HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.05.2025 1. Heard Mr. M. A. I. Hussain, learned counsel for the petitioners. 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 PRC Case No.66/2025, pending in the Court of learned Judicial Magistrate 1st Class, Hatisingimari. 3. These three petitioners along with an woman are shown as absconder in the Charge-Sheet. The said woman was granted bail by this Court. Now these three petitioners have come to this Court stating that since they are shown as absconder in the Charge-Sheet, they will be remanded to custody because the Court of the learned Judicial Magistrate First Class does not have the jurisdiction to entertain their bail application. 4. Learned counsel for the petitioners submits that the petitioners are interested in facing the trial, therefore they should be given adequate opportunity to contest the case. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioners are interested in facing the trial, they should be given adequate opportunity to that effect. 7. The application filed by the petitioners is allowed. Page No.# 3/3 8. The non-bailable warrant of arrest issued against the petitioners in respect of PRC Case No.66/2025 shall be recalled. 9. The petitioners (1). Zaher Ali, (2). Akbor Ali and (3). Mostofa Sk @ Bakto Ali @ Bokto @ Bokto Sheikh are directed to appear before the Court of learned Judicial Magistrate 1st Class, Hatisingimari in respect of PRC Case No.66/2025 within next 10(ten) days from today. 10. On their appearance, all the three petitioners shall be released on fresh bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Hatisingimari, Assam. 11. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant