Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:2110
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./226/2025 SAHAB UDDIN LASKAR S/O LATE TAJMUL ALI LASKAR RESIDENT OF VILLAGE DUDPUR, P.O.AND P.S. HAILAKANDI, DIST HAILAKANDI, ASSAM, PIN-788151 VERSUS THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ALEKJAN BIBI LASKAR W/O MANIK UDDIN LASKAR RESIDENT OF VILLAGE DUDPUR P.O AND P.S.HAILAKANDI DIST HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. M H SAIKIA, R ALI,MR. N H MAZARBHUIYAN,MR. M R SODIAL Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 28.02.2025
1. Heard Mr. M.H. Saikia, the learned counsel for the petitioner. Also
Page No.# 2/3 heard Mr. D. Das, the learned Additional Public Prosecutor appearing for the State of Assam.
2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioner, namely, Sahab Uddin Laskar, impugning the order dated 13.08.2024, passed by the learned Chief Judicial Magistrate, Hailakandi in G.R. Case No. 1029/2022[PRC No. 1013/2020](corresponding to Hailakandi P.S. Case No. 425/2020 registered under Section 376 IPC), whereby, Non-Bailable Warrant of Arrest was issued against the present petitioner.
3. The learned counsel for the petitioner has submitted that the name of the petitioner has been shown as an absconder in the charge sheet filed before the said Court. However, he was not aware about the said proceeding.
4. The learned counsel for the petitioner has further submitted that the next date of the PRC No. 1013/2020[corresponding to G.R. Case No. 1029/2022] is fixed on 04.03.2025. He submits that the petitioner is ready to appear before the Committal Court on the said date and he prays for some interim protection.
5. The prayer is allowed.
6. This criminal petition is disposed of with a direction to the petitioner to appear before the Court of the learned Chief Judicial Magistrate, Hailakandi, on the next date fixed, in the PRC No. 1013/2020, i.e. on 04.03.2025 and to facilitate his appearance before the said Court, the Non-Bailable Warrant of Arrest issued against him by the said Court shall remain suspended till
04.03.2025.
7. In the event, the petitioner moves a bail application before the Committal Court, same shall be decided in accordance with law by the said Court.
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8. With the above observations, this Criminal petition is disposed of.
JUDGE Comparing Assistant