Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:7028
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./198/2025 PABITRA GOGOI S/O- DHARMA GOGOI.
R/O- VILL.- DEMGAON. DEMOW, SILAPATHAR, ASSAM, P.O.- DEMOW, P.S.- SILAPATHAR, PIN-787059, DIST.- DHEMAJI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P P MEDHI, Z HAQUE,MR G BARGAYARY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 30.05.2025
1. Heard Dr. P. P. Medhi, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.
2. This application has been filed under Sections 442 read with Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of PRC Case No.297/2021,
Page No.# 2/3 pending in the Court of the learned Chief Judicial Magistrate, Dhemaji.
3. Before filing of the Charge-Sheet, the petitioner approached this Court for seeking anticipatory bail. By that time, the Charge-Sheet was filed by Police. Therefore, this Court directed the petitioner to approach the Trial Court for seeking regular bail.
4. It has been submitted that because of failure in communication with his lawyer, the petitioner could not appear before the Trial Court, for that matter Trial Court directed issue of bilable warrant of arrest against the present petitioner.
5. I have considered the submissions made by learned counsel for both the sides.
6. It appears from the records that the petitioner Pabitra Gogoi earlier appeared before the learned Trial Court through his lawyer showing cause of his absence. But the learned Trial Court rejected the prayer of the present petitioner directed issue of non-bailable warrant of arrest against him.
7. After going through the record it appears that the petitioner was not taking things seriously. However, for the ends of justice, the prayer of the petitioner is allowed.
8. The order directing bailable warrant of arrest against the petitioner on 27.02.2025 by the learned Chief Judicial Magistrate, Dhemaji is set aside.
9. The petitioner is directed to appear before the Court within next 10(ten) days from today.
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10. On his appearance, the Trial Court shall consider his bail application in accordance with the procedure as laid down by law.
11. With the aforesaid direction, the Criminal Revision Petition stands disposed of. JUDGE Comparing Assistant