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2025 DAILYLAW 19699 (GAU)

KAMAL SAIKIA v. THE STATE OF ASSAM AND ANR

Crl.Pet./1274/2024 · 2025-04-27

Malasri Nandi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010216092024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1274/2024 KAMAL SAIKIA S/O LILADHAR SAIKIA, R/O VILL- SUTAR KUTAIPAR, P.S.-KHATOWAL, DIST- NAGAON, ASSAM, PIN-782141 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ROMESH BORA S/O LT. MODAN BORA VILL- PANIKHUWACHUK MOUZA- KHATUWAL P.S.-KHATUWAL DIST- NAGAON ASSA Advocate for the Petitioner : MR A A DEWAN, MR H A RASHID,M.A. ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 28.04.2025 Heard Mr. A.A. Dewan, learned counsel for the petitioner. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State. This application has been preferred under Section 528 BNSS against Page No.# 2/2 the order dated 16.11.2023 and subsequent orders issuing warrant of arrest against the petitioner passed by the learned Additional Sessions Judge, No. 3, Nagaon in connection with Sessions (T-2) Case No. 153/2018. It is submitted by the learned counsel for the petitioner that in connection with another case vide Sessions (T-2) Case No. 566(N)/2013, the petitioner is regularly attending the same court i.e. the court of learned Additional Sessions Judge No. 3, Nagaon. So the petitioner has already appeared before the learned trial court as such, warrant of arrest issued against the petitioner may be recalled. On the other hand, Mr. Barthakur, learned Additional Public Prosecutor has submitted that the petitioner may approach before the learned trial court seeking regular bail. I have considered the submissions made by the learned counsel for the parties. I have also perused the scanned copy of trial court record. It appears that the petitioner earlier appeared before the learned trial court and subsequently, he defaulted as such, warrant of arrest was issued against him. In view of the above, the petitioner is directed to appear before the trial court within 15(fifteen) days from today and in the event of filing any bail application, the trial court will consider the matter in accordance with law. The criminal petition stands disposed of. JUDGE Comparing Assistant