Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010026962025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./148/2025 SHAMSUL HAQUE S/O ABDUL KASIM RESIDENT OF VILLAGE-KHAGAIL, BARBHADRI, POST OFFICE- KALIGANJ BAZAR, POLICE STATION- KARIMGANJ, DISTRICT- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.Pet./149/2025 SARIM UDDIN S/O ABDUL SUKKUR RESIDENT OF VILLAGE-PAHARTAL POST OFFICE-BAZARGHAT POLICE STATION-RATABARI DIST. SRIBHUMI ASSAM. DISTRICT VERSUS
Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R 27.02.2025
This is a common order for these two items as they have arisen out of the same issue and facts. 2. Heard Mr. M Ahmed, the learned counsel appearing for the petitioners. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam representing the State. 3. Both the applications are under Section 528 of the BNSS, 2023 in respect of Special (NDPS) Case No.90/2024 [arising out of Bazaricherra P.S. Case No.141/2024] pending in the court of learned Sessions Judge, Sribhumi. 3. The petitioners are shown as absconders in the charge sheet. The allegations brought against them are sessions triable. They submit that they are totally innocent and ready to face the trial. 4. The petitioners apprehend if they appear before the cout below that they will be sent to judicial custody as they are already shown as absconders in the charge sheet. Page No.# 3/3
5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioners are interested in facing the trial, this Court is of the opinion that they deserve to be given one opportunity to contest the case. Therefore, their petitions are allowed. 7. The petitioners, namely- Shamsul Haque and Sarim Uddin are directed to appear before the court below/trial court on 10.03.2025 and on their appearance before the learned Sessions Judge, Sribhumi in connection with Special (NDPS) Case No.90/2024 [arising out of Bazaricherra P.S. Case No.141/2024], they shall allowed to go on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the said court [learned Sessions Judge, Sribhumi].
8. Both the petitioners shall regularly appear before the trial court on each date(s). If they fail to do so without any cogent reason, the trial court shall have the liberty to procure their presence. With the aforesaid direction, both the criminal petitions are disposed of. JUDGE Comparing Assistant