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2025 DAILYLAW 26641 (GAU)

PRASANNA SAIKIA v. THE STATE OF ASSAM AND ORS

Crl.Pet./1559/2025 · 2025-12-09

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/2 GAHC010273982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1559/2025 PRASANNA SAIKIA S/O LATE GUPIRAM SAIKIA, RESIDENT OF VILLAGE JALAHGAON, PO HALOWAGON, PS SAMAGURI, DIST NAGAON, ASSAM, PRESENTLY RESIDING AT AMALAPTI B.B ROAD, BYE LANE NO. 1, PO ITACHALI, PS NAGAON, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY PP ASSAM 2:SRI ASHIM SAIKIA S/O MAHESWAR SAIKIA RESIDENT OF JALAHGAON PO HALOWAGAON AND PS SAMAGURI DIST NAGAON ASSA Advocate for the Petitioner : MR. B PHUKAN, U SWARGIARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 10.12.2025 1. Heard Mr. B. Phukan, learned counsel for the petitioner. Also heard Mr. K.K. Page No.# 2/2 Parasar, learned APP for the State of Assam. 2. The grievance raised in the present petition is against the Non-Bailable Warrant of Arrest issued against the petitioner for his continued absence before the learned trial court. 3. The learned counsel for the petitioner has submitted that the petitioner is willing to face trial if given an opportunity to do so; however, the existence of the Non-Bailable Warrant of Arrest creates apprehension in the mind of the petitioner that he may be arrested upon appearance. 4. In the facts and circumstances of this case, this Court directs that the Non- Bailable Warrant issued against the petitioner subsequent to the order dated 28.05.2025 and on other subsequent dates be kept in abeyance till 20.12.2025, allowing the petitioner to appear before the learned trial court on 19.12.2025. Upon his appearance, the petitioner shall be at liberty to file an appropriate application before the learned trial court seeking bail, which application shall be considered by the learned trial court on its own merits, taking into account the terms and conditions, as may be imposed upon the petitioner, and the facts and circumstances of the case. 5. In the event of the petitioner’s failure to appear before the learned trial court on 19.12.2025, the interim protection granted by this Court shall stand automatically revoked without further reference. 6. Accordingly, the criminal petition is disposed of. JUDGE Comparing Assistant