Page No.# 1/2 GAHC010029142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./167/2025 SHAHADAT ALI @ LADEN AND ANR. SON OF HAREZ ALI RESIDENT OF VILLAGE- FASATPUR P.O- RANGAMATI P.S- GAURIPUR DISTRICT- DHUBRI, ASSAM 2: SAIFUL SON OF HABIJUL ISLAM RESIDENT OF VILLAGE FASATPUR P.O- RANGAMATI P.S- GAURIPUR DISTRICT- DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR. REP BY THE P.P., ASSAM 2:BAHARUL ISLAM SON OF LATE SHONA ULLAH AHMED RESIDENT OF TAMARHAT P.S- DHUBRI DISTRICT- DHUBRI ASSA Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 18.02.2025 Heard Mr. S. Munir, the learned counsel appearing for the petitioners. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam representing the State. 2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 06.02.2025 passed by the Chief Judicial Magistrate, Dhubri in PRC No.809/2024. 3. Both the petitioners are shown as absconders in a charge sheet where the allegations against them are sessions triable. 4. Now, they apprehend that if they appear before the learned CJM, Dhubri, they shall be remanded to custody as the said court does not have the jurisdiction to entertain their bail application. 5. Mr. Munir submits that the petitioners have a good case for themselves and they want to face the trial. 6. I have considered the submissions made by the learned counsel of both sides. 7. Since the petitioners are interested in facing the trial, this Court is of the opinion that they deserve to be given an opportunity to contest the case. 8. Accordingly, the order dated 06.02.2025 passed by the learned CJM, Dhubri directing issue of Non-Bailable Warrant of Arrest against both the present petitioners is set aside. 9. It is directed that the petitioners, namely- Sahadat Ali @ Laden and Saiful shall appear before the court below/trial court within next 10(ten) days from today and on their appearance before the CJM, Dhubri in connection with PRC No.809/2024, the above named petitioners shall be allowed to go on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the said court [CJM, Dhubri]. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant