Page No.# 1/3 GAHC010039782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./229/2025 MD BODIUD ZAMAL S/O LATE MADAN SARKAR @ LATE MADAN ALI SARKAR R/O VILL- BAKRIKUCHI, P.S.MUKALMUA DIST. NALBARI, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 28.02.2025 1. Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita (BNSS), 2023, challenging the Order dated 20.11.2024 passed by the learned Session Judge, Nalbari in Sessions Case No.02/2018. 3. The petitioner and some other persons were charge-sheeted in a case, i.e., pending in the Court of learned Assistant Session Judge, Nalbari, in that case 6(six) witnesses are already examined and thereafter the case was transferred to the Court of learned Sessions Judge, Nalbari. 4. The present petitioner MD. Bodiud Zamal was absent on some dates, while the case was pending in the Court of Assistant Session Judge, Nalbari. 5. On 20.11.2024, he surrendered before the Court of the learned Session Judge stating that he was in Judicial custody for 2 and ½ months. That is the reason why he could not appear in the said case. 6. The learned Session Judge held that on those days when the petitioner was absent, no cause of absence was shown therefore the petitioner was remanded to custody. 7. I have considered the submissions made by learned counsel for both the sides. 8. Without expressing any opinion about the impugned Order passed by the learned Session Judge, this Court is of the opinion that since the petitioner had surrendered before the Trial Court, he should be given one opportunity to contest the Case. 9. Therefore the impugned Order dated 20.11.2024 passed by the learned Session Judge, Nalbari is set aside. 10. The petitioner MD. Bodiud Zamal shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Nalbari in Sessions Case No.02/2018. 11. The petitioner shall regularly appear before the Trial Court on each and every date of hearing, in that event, if he remains absent without showing any cause of reason, the Trial Court shall at the liberty to procure his attendance. Page No.# 3/3 12. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant