Page No.# 1/2 GAHC010147492025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./811/2025 SHYAMENDRA DAS S/O- LATE SUNIL DAS, VILL- LEVERPUTA PART I, P.O- SADIRKHAL, P.A- KATIGORAH, DIST- CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. SAYED SALIM AHMED, MR. I U CHOWDHURY,J M SULAIMAN,MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 18.07.2025 Heard Mr. J.M. Sulaiman, the learned counsel appearing for the petitioner. Also heard Ms. S.H. Borah, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 read with Page No.# 2/2 Article 227 of the Constitution of India challenging the orders directing issue of summonses to the petitioner by the learned Judicial Magistrate 1st Class, Cachar, Silchar (for short, “the JMFC, Cachar, Silchar”) in PRC Case No.1106/2023. 3. The petitioner has been shown as an absconder in the charge sheet alleging commission of Sessions triable offence. He apprehends that if he appears before the court of learned JMFC, Cachar, Silchar, he shall be remanded to custody as the said court does not have the jurisdiction to entertain his bail application. 4. The petitioner submits that he is ready and willing to contest the case and prays for giving him an opportunity to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since, the petitioner intends to contest the case, this Court is of the opinion that he should be given one opportunity to defend himself. Therefore, his application is allowed. 7. The petitioner Shyamendra Das is directed to appear before the court of learned Judicial Magistrate 1st Class, Cachar, Silchar in respect of PRC Case No.1106/2023 and on his appearance, he shall be released on bail of ₹25,000/- with a surety of the like amount to the satisfaction of the JMFC, Cachar, Silchar. 8. The petitioner is also directed to appear before the trial court on each and every date of hearing. If he fails to do so, the trial court shall have the liberty to procure his attendance with due process of law. With the aforesaid direction, the instant Criminal Petition is disposed of. JUDGE Comparing Assistant