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2025 DAILYLAW 12030 (GAU)

MUFIZUR RAHMAN v. THE STATE OF ASSAM

Crl.Pet./540/2025 · 2025-05-08

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010096792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./540/2025 MUFIZUR RAHMAN S/O- JALAL UDDIN. R/O- VILL- TALTOLA, P.O- JANAKALYAN BAZAR, P.S.- KARIMGANJ, DIST.- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z. HUSSAIN,MS G TALUKDAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.05.2025 1. Heard Mr. H. R. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Sharma, 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 the Special NDPS Case No.50/2024, pending in the Court of the learned Additional Sessions Judge, Sribhumi. 3. The petitioner Mufizur Rahman has been shown as an absconder in the Charge- Sheet therefore the Trial Court directed issued of non-bailable warrant of arrest against him. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and therefore he may be given adequate opportunity to that effect. 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 adequate opportunity to that effect. 7. Therefore the application filed by the petitioner is allowed. 8. The orders directing issue of non-bailable warrant of arrest against the present petitioner Mufizur Rahman by the learned Additional Sessions Judge, Sribhumi in Special NDPS Case No.50/2024 are set aside. Page No.# 3/3 9. The petitioner Mufizur Rahman is directed to appear before the Trial Court of learned Additional Sessions Judge, Sribhumi in respect Special NDPS Case No.50/2024 on 22.05.2025. 10. On his appearance, the petitioner Mufizur Rahman shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Sribhumi, Assam. 11. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant