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2025 DAILYLAW 27132 (GAU)

SAMIRUL ISLAM v. THE STATE OF ASSAM

I.A.(Crl.)/1372/2025 · 2025-12-18

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010285422025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1372/2025 SAMIRUL ISLAM SO KAYUM SK, RO VILL SONAPUR, PO PURAN DIARA,PS MANKACHAR, DIST SOUTH SALMARA MANKACHAR,ASSAM, PIN 783135 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM 2:MONORANJAN DAS SO LT MOHON CH DAS RO VILL CHENGURCHAR DASPARA PO PURAN DIARA PS MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSAM PIN 78313 Advocate for the Petitioner : MR. M R KHANDAKAR, Advocate for the Respondent : PP, ASSAM, MR A RAHMAN Linked Case : AB/2744/2025 SAMIRUL ISLAM S/O KAYUM SK Page No.# 2/3 R/O VILL SONAPUR PO PURAN DIARA PS MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSAM PIN 783135 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP ASSAM 2:MONORANJAN DAS S/O LATE MOHON CH DAS R/O VILL CHENGURCHAR DASPARA PO PURAN DIARA PS MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSAM PIN 783135 ------------ Advocate for : MR. M R KHANDAKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 19.12.2025 1. Heard Mr. M.R. Khandakar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned APP for the State of Assam. 2. The learned counsel for the petitioner, after arguing the matter for quite some time, has submitted that the petition may be closed as not pressed. 3. This Court clarifies that the petitioner has shown his interest before the this Court to face the trial proceedings, and his apprehension is that, since he is Page No.# 3/3 declared an absconder, the consideration of his prayer for regular bail upon his appearance before the Trial Court may be influenced by the aforesaid facts. 4. This Court clarifies that the declaration of the petitioner as a absconder in the charge-sheet shall not, in any manner, affect the consideration of the bail petition to be filed by the petitioner before the learned Trial Court upon his appearance on 19.01.2026. The learned Trial Court shall also consider the fact that the petitioner has expressed his willingness to participate in the trial, which considering the bail petition subject to such just conditions as may be imposed while deciding the bail petition. 5. Mr. Khandakar is permitted to withdraw the petition. 6. Subject to the observations made above, as far as possible. JUDGE Comparing Assistant