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2025 DAILYLAW 6475 (GAU)

MD SOHIDUL ALI @ SOHIDUL ALI @ GAONBURA v. THE STATE OF ASSAM

Crl.Pet./85/2025 · 2025-02-04

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010016652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./85/2025 MD SOHIDUL ALI @ SOHIDUL ALI @ GAONBURA S/O- IJJAT ALI, R/O- WARD NO. 12, CHAPORI GAON, P.O.- KHELMATI, P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N H BARBHUIYA, MR. S Y AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2025 Heard Mr. NH Barbhuiya, the learned counsel for the petitioner and Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application u/s 528 read with Section 442 of the BNSS, 2023 challenging the order dated 11.07.2024 passed by the learned Sessions Judge, North Lakhimpur in Sessions Case No. 171(NL)/2023 arising out of NLPS Case No. 412/2022. 3. The present petitioner Md. Sohidul Ali @Sohidul Ali @ Gaonbura is facing trial in Sessions Page No.# 2/2 Case No. 171(NL)/2023. Subsequently, he was arrested in connection with another case and was sent to judicial custody. Later on, he was granted bail in that case, but because of the present case, the petitioner remained in judicial custody. The petitioner filed an application before the trial court for releasing him from judicial custody,but the said application was rejected. 4. I have considered the submissions made by the learned counsels of both sides. 5. Since the petitioner was granted bail in connection with Sessions Case No. 151(NL)/2024 arising out of GR Case No. 279/2024, and since the petitioner was already on bail in the present Sessions Case No.171(NL)/2023, he no longer deserves to be detained in custody 6. The petitioner Md. Sohidul Ali @ Sohidul Ali @ Gaonbura, who is facing trial in Sessions Case No. 171(NL)/2023, shall be released on previous bail, if he is not required in any other case. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant