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2025 DAILYLAW 20835 (GAU)

GULZAR HUSSAIN v. THE STATE OF ASSAM

Crl.Pet./1389/2024 · 2025-03-10

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010242802024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1389/2024 GULZAR HUSSAIN S/O AFTAB HUSSAIN R/O TALTOLA P.S. KARIMGANJ, DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSM Advocate for the Petitioner : MR H R CHOUDHURY, S. TALUKDAR,A S PRODHANI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.03.2025 Heard Mr. H R Choudhury, the learned counsel appearing for the petitioner. Also heard Mr. R R Kaushik, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023, challenging the orders directing issue of non-bailable warrant of arrest against the petitioner passed by the learned Sessions Judge, Karimganj in respect of Special NDPS Case No. 100/2023. Page No.# 2/2 3. The petitioner was charge-sheeted as an absconder in respect of Nilambazar P.S. Case No. 140/2023. 4. The learned counsel appearing for the petitioner submits that the petitioner is interested in facing the trial. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. 7. Therefore, all orders directing issue of non-bailable warrant of arrest against the petitioner in respect of Special NDPS Case No. 100/2023 are set aside. 8. The petitioner Gulzar Hussain is directed to appear before the court of the learned Sessions Judge, Karimganj in respect of NDPS Case No. 100/2023 within next 10 (ten) days from today. On his appearance, the petitioner, namely, Gulzar Hussain shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Karimganj. 9. The petitioner is directed to appear before the trial court on each and every date of hearing. If he does not do so, the trial court shall be at liberty to procure his attendance. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant