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2025 DAILYLAW 8189 (GAU)

TAHINUR ISLAM v. THE STATE OF ASSAM

AB/442/2025 · 2025-02-26

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010039962025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/442/2025 TAHINUR ISLAM S/O. LT. SAIBULLAH 2: SHAHINUR ISLAM @ SAHINUR ISLAM S/O. LT. SAIBULLAH 3: SAIFUL ISLAM S/O. LT. SAIBULLAH 4: ABDUR SOBUR S/O. ABDUL LOTIF 5: RUHUL AMIN S/O. LT. ABDUR ROUF ALL ARE R/O. VILL.- JORDANGA PART-I P/O. AND P/S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.02.2025 1. Heard Mr. M. Islam, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in respect of PRC Case No.1413/2023, pending in the Court of learned Sub-Divisional Judicial Magistrate (M), Hatisingimari, South Salmara, Mankachar. 3. The petitioners are shown as absconders in the Charge-sheet and as such on their appearance before the learned Trial Court, they will be remanded to custody. 4. The learned counsel for the petitioners submits that the petitioners are unnecessarily implicated in this Case and they are interested in facing the Trial. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioners have interest in facing the Trial, they deserve to be given one opportunity to that effect. 7. Therefore, the prayer of the petitioners is allowed. 8. It is hereby directed that the petitioners Tahinur Islam, Shahinur Islam @ Sahinur, Saiful Islam, Abdul Sobur and Rahul Amin are directed to appear before the Trial Court within next 10(ten) days from today and on their appearance, in respect of PRC Case No.1413/2923 pending in the Court of learned Sub-Divisional Judicial Magistrate (M), Hatisingimari, South Salmara, Mankachar the petitioners shall be Page No.# 3/3 released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Hatisingimari, South Salmara, Mankachar. 9. With the aforesaid direction, the present application stands disposed of. JUDGE Comparing Assistant