Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 6428 (GAU)

WAZIDUR KHAN @ RAJ KHAN AND ANR v. THE STATE OF ASSAM

AB/189/2025 · 2025-02-03

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010016612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/189/2025 WAZIDUL KHAN @ RAJ KHAN AND ANR S/O LT. AZIBAR KHAN @ LT. BACHHU KHAN R/O VILL-DEBATTARRAIPUR PART-1, P.S. GAURIPUR, DIST. DHUBRI,ASSAM 2: FARJUMA KHATUN @ FARJUMA BIBI W/O WAZIDUL KHAN @ RAJ KHAN R/O VILL-DEBATTARRAIPUR PART-1 P.S. GAURIPUR DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN, MR. RASHIDUL ISLAM,MR A K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.02.2025 Heard Mr. R. Islam, learned counsel for the petitioners and Mr. K. Baishya, learned Additional Public Prosecutor, Assam. This is an application u/s 482 of the BNSS, 2023 in respect of PRC Case No. 483/2024. The petitioners, who are husband and wife are charge-sheeted in a Sessions triable case. Therefore the learned Chief Judicial Magistrate, Dhubri has issued summons to the petitioners to appear before him. The learned counsel petitioners has submitted that the offence alleged against the petitioners are triable by the court of Sessions and the court of Sessions, Dhubri does not have the jurisdiction to entertain their bail application. The learned counsel for the petitioners has further submitted that the petitioners are interested in facing the trial and therefore, they should be given an opportunity to face the trial. Since the petitioners are interested in facing the trial, they should be given an opportunity to face the trial. It is hereby directed that in the event of arrest in connection with PRC Case No. 483/2024, the petitioners, 1. Wazidul Khan @ Raj Khan & 2. Farjuma Khatun @ Farjuma Bibi shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhubri. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant