Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./805/2025 SAIFUL ISLAM AND 2 ORS.
S/O BADSHA SHEIKH R/O VILL- MONIRCHAR BOIDERGAON, P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131 2: HOSSAIN ALI S/O SHAHEB ALI R/O VILL- MONIRCHAR BOIDERGAON
P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131 3: ROKIYA BIBI W/O SAGOR ALI R/O VILL- MONIRCHAR BOIDERGAON
P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM,
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 17.07.2025 Heard Mr. A.Z. Ahmed, learned counsel appearing for the petitioners as well as Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam. This is an application u/s 528 of BNSS, 2023, in respect of PRC Case No.665/2024 (arising out of South Salmara P.S. Case No.77/2024). The three petitioners namely Saiful Islam, Hossain Ali and Rokiya Bibi are shown as an absconder in the charge-sheet alleging commission of sessions triable offences. They have received summons from the Court of the Magistrate but they have apprehended that since in the Court of the Judicial Magistrate First Class does not have the jurisdiction to entertain their bail application, they shall be remanded to the custody. The petitioners pleaded innocence and submit that they should be given adequate opportunity to contest their case. I have considered the submissions made by the learned counsel on both sides. The prayer of the petitioners is allowed since they are interested in facing the trial. Therefore, it is hereby directed that the petitioners namely, Saiful Islam, Hossain Ali and Rokiya Bibi shall appear tomorrow i.e. 18.07.2025 before the Court of the learned Judicial Magistrate First Class, South Salmara Mankachar in respect of PRC Case No.665/2024.
Page No.# 3/3 On their appearance, they shall be released on bail of Rs.25,000/- (Rupees twenty five thousand only) each with a surety of like amount to the satisfaction of the Judicial Magistrate First Class, South Salmara Mankachar. With the aforesaid directions, the present criminal petition is disposed of. A copy of this order shall be given to Mr. A.Z. Ahmed. Comparing Assistant