Page No.# 1/2 GAHC010044372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./262/2025 SAIFUL ISLAM @ DABBU S/O- ABDUL KHALEK, R/O- VILL- SATBOINIRTUP, PO KALAHBHANGA, PS BARPETA ROAD, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.03.2025 Heard Mr.R. Ali, the learned counsel appearing for the petitioner as well as Mr. DP Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application u/s 528 of the BNSS, 2023 challenging the order dated 01.02.2025 passed by the learned SDJM (M), Pathsala in PRC Case No.235/2024. Page No.# 2/2 3. The petitioner has been shown as an absconder in the charge-sheet alleging commission of Sessions’ triable offence. The court below issued bailable warrant of arrest against the petitioner. He was unnecessarily shown as absconder in the charge- sheet. 4. The learned counsel for the petitioner submits that the petitioner wants to contest the case and therefore, the learned counsel prays that the petitioner should be given one opportunity to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. Therefore, his petition is allowed. 7. The impugned order dated 01.02.2025 passed by the learned SDJM (M), Pathsala in PRC Case No.235/2024 is set aside accordingly. 8. It is hereby directed that the petitioner Saiful Islam @ Dabbu shall appear before the court of the learned SDJM (M), Pathsala on 11.03.2025 in connection with PRC Case No.235/2024. On his appearance, the petitioner Saiful Islam @ Dabbu shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned SDJM (M), Pathsala. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant