Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010141322025
2025:GAU-AS:8714
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1480/2025 HEM KANTA KUMBANG S/O LATE LILA KUMBANG R/O AMGURI DAMBOK, SILAPATHAR P.S. SILAPATHAR DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 26-06-2025
Heard Mr. A. Ahmed, the learned counsel for the petitioner.
2. This is an application filed under Section 482 of the Bharatiya Nagarik
Page No.# 2/2 Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioner in connection with N.I. Case No. 4421/2024 under Sections 138 of Negotiable Instrument Act, 1881.
3. It is submitted by Mr. Ahmed that some N.I. case proceeding was pending before the learned SDJM(S)-II, Kamrup (M) wherein the cognizance of the offence was taken on 02.08.2024 and the summons was accordingly issued. On 26.09.2024 the accused/petitioner remained absent which was allowed and the next date of appearance was fixed on 13.12.2024. But, on 13.12.2024 the accused/petitioner could not appear before the learned Trial Court and for default of the one day, the NBWA was issued against him without assigning any reason in the order dated 13.12.2024. However, the present petitioner is ready and willing to appear before the learned Trial Court below and to contest the case, if he is provided with some interim protection.
4. Heard the submission made by learned counsel for the petitioner and also perused the case record and especially the Order Sheets annexed with the petition. Considering the facts and circumstances of the case, accordingly it is
directed that the petitioner to appear before the learned Trial Court below with an appropriate application for bail within 15 (fifteen) days from the date of
order and till then, the execution of NBWA issued against the present petitioner be suspended.
5. With the above observation, the AB stands disposed of.
JUDGE Comparing Assistant