Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010037252025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/146/2025 JAHIR UDDIN S/O LATE TOMIZ UDDIN, PERMANENT RESIDENT OF VILLAGE GARLAND BAGIDHA PANBARI, P.O BHAKATPARA, P.S MANGALDAI, DISTRICT DARRANG, ASSAM, PIN 784190 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : Shantanu pegu, MR. T SK Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 21.02.2025
Heard Mr. T. Sk., learned counsel for the applicant and Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam. The petitioner Jahir Uddin was facing trial in Sessions Case No. 60/2020 pending in the court of the learned Sessions Judge, Cachar, Silchar. In some occasions, the petitioner defaulted in appearance for which NBWA was directed to be issued against him. Therefore, the petitioner approached this court on 17.02.2025 for release on bail. This court directed that the petitioner Jahir Uddin shall appear before the
Page No.# 2/2 trial court within next 15 (fifteen) days and on his appearance, he shall be released on bail of Rs.25,000/- with one surety of the like amount. It may be mentioned that before passing of the order aforesaid, he was already arrested by Police pursuant to the NBWA issued by the trial court and present he is in judicial custody. Mr. Sk. has submitted that at this stage the petitioner is unable to attend the trial court as directed by this court as he is in judicial custody. Therefore, the learned counsel for the applicant has submitted that the order dated 17.02.2025 is required to be modified. Having heard the learned counsel for both the sides and after going through the materials available in the records, this court is of the opinion that the order dated 17.02.2025 passed in BA No. 413/2025 needs to be modified. Considering entire aspect of the matter, the applicant Jahir Uddin shall be allowed to release on bail by the learned Sessions Judge, Cachar, Silchar if the bail bond is accepted by the learned trial court as mentioned in paragraph 10 of the order dated 17.02.2025 passed in BA No. 413/2025. With the above, the present IA(Crl) is disposed of.
JUDGE Comparing Assistant