Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010153162025
2025:GAU-AS:9262
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./830/2025 JANNATUL HOQUE SON OF JALILUR RAHMAN R/O VILL-KARAGARI, P.S. PATHSALA DIST. BAJALI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.07.2025
1. Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, 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 PRC Case No.197/2025, pending in the Court of
Page No.# 2/3 the learned Sub-Divisional Judicial Magistrate (S), Baksa, Mushalpur, Assam. 3. The petitioner has been shown as an absconder in the Charge-Sheet in the commission of sessions triable offences under Sections 303(2)/318(4)/111(2)/111(4) of the BNS, 2023. 4. The Court of the learned Chief Judicial Magistrate had issued summons to the petitioner, he now apprehends that if he appear before the learned Chief Judicial Magistrate, Baksa, Mushalpur, he shall be remanded to custody because this Court does not have the jurisdiction to entertain his bail application. 5. The petitioner submits that he is interested in facing the trial and, therefore, he shall be given adequate opportunity to that effect. 6. I have considered the submissions made by learned counsel for both the sides. l
7. Since the petitioner is interested in facing the trial he deserves to be given adequate opportunity to that effect. 8. Therefore, his application is allowed. 9. It is hereby directed that the petitioner, Jannatul Hoque shall appear before the learned Chief Judicial Magistrate, Baksa, Mushalpur in respect of PRC Case No.197/2025, on 23.07.2025, on his appearance, the petitioner, Jannatul Hoque shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Baksa, Mushalpur. 10. The petitioner is directed appear regularly before the Trial Court on each and
Page No.# 3/3 every date of hearing, if he fails to do so without showing sufficient satisfactory reasons, the Trial Court shall have the liberty to procure his attendance by due process of law. 11. With the aforesaid direction, the Criminal Petition is disposed of.
JUDGE Comparing Assistant