Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010004022025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./42/2025 NUR NEHAR BEGUM @ NUR NEHAR W/O LATE NAZRUL ISLAM R/O VILL- MANDIA PATHAR P.S. BAGHBOR, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED, M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR. N J DUTTA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 14.02.2025
Heard Mr. N J Dutta, learned counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor, Assam. This is an application filed under Section 528 of the BNSS,2023 by petitioner, namely, Nur Nehar Begum @ Nur Nehar, in connection with PRC Case No. 1193/2022 pending in the court of the learned Chief Judicial Magistrate, Barpeta. The petitioner, who is a 65 years old lady, has been showing as an absconder in the
Page No.# 2/2 charge sheet which alleges an offence of murder. Now, it is submitted that the petitioner is interested in facing the trial. But, the petitioner apprehends that since the Court of the Chief Judicial Magistrate, Barpeta does not have the jurisdiction to entertain the bail application of the petitioner, she may be remanded to the judicial custody. I have considered the submission made by the learned counsel of both sides. Since the petitioner is interested in facing the trial, this court is of the opinion that the petitioner deserves to be given an opportunity to face the trial. Accordingly, it is hereby directed that on appearance of the petitioner Nur Nehar Begum @ Nur Nehar, in connection with PRC Case No. 1193/2022 before court of the learned Chief Judicial Magistrate, Barpeta, she shall be released on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta. The petitioner shall appear before the learned trial court on 24.02.2025. The criminal petition is disposed of.
JUDGE Comparing Assistant