Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 26094 (GAU)

AMIR ALI v. THE STATE OF ASSAM AND ANR

Crl.Pet./1442/2025 · 2025-11-19

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010255982025 2025:GAU-AS:15767 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1442/2025 AMIR ALI S/O TAMSER ALI R/O VILL- BARBALA, P.S. HOWLY DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SAHADAT UDDIN S/O TAMEJ UDDIN VILL- BARAPETAP.S. GOBARDHANA DIST. BAKSA ASSA Advocate for the Petitioner : MR S M ABDULLAH P, MR. J ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.11.2025 Heard Mr. J. Ali, learned Counsel, learned counsel appearing for the Page No.# 2/3 petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 in respect of Sessions Case No. 51/2022 pending in the court of the Hon’ble Sessions Judge, Baksa. 3. The petitioner is an accused before the Trial Court and on some dates he was absent without steps, therefore, the Trial Court directed to issue a non- bailable warrant of arrest against him. 4. The petitioner submits that he is a poor person and right to the State of Kerala to earn his livelihood. The petitioner submits that for the aforesaid reason he could not appear in the Trial Court. 5. I have considered the submissions made by the learned counsels for both sides. 6. Since the petitioner is interested in facing the trial, he deserve to be given adequate opportunity to that effect. 7. Therefore, his application is allowed. 8. The warrant of arrest issued against him shall be recall. 9. The petitioner, namely, Amir Ali is directed to appear before the Court of Page No.# 3/3 the Learned Sessions Judge, Baksa, in connection with Sessions Case No. 51/2022 within next 7 (seven) days from today and on his appearance he shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand) with a surety of the like amount to the satisfaction of the Learned Sessions Judge, Baksa. 10. The criminal petitioner is accordingly disposed of. JUDGE Comparing Assistant