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2025 DAILYLAW 8636 (GAU)

DWMWISRI BASUMATARY v. THE STATE OF ASSAM

Crl.Pet./265/2025 · 2025-03-04

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010046252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./265/2025 DWMWISRI BASUMATARY D/O DHANANJAY BASUMATRY R/O VILL-PADMABIL, P.S. GOSSAIGAO,DIST.KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.03.2025 Heard Ms.P. Borah, 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 in respect of PRC Case No.248/2024 pending in the court of the learned SDJM(M), Gossaigaon. Page No.# 2/2 3. The petitioner has been shown as an absconder in the charge-sheet alleging commission of Sessions’ triable offence. She how apprehends that if she appears before the court of the learned SDJM(M), Gossaigaon, she will be remanded to custody. 4. The learned counsel for the petitioner submits that the petitioner in interested in facing the trial 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 is facing the trial, she deserves to be given one opportunity to that effect. Therefore, her petition is allowed. 7. It is hereby directed that the petitioner Miss Dwmwisri Basumatary shall appear before the court of the learned SDJM (M), Gossaigaon on or before 18.03.2025 in connection with PRC Case No.248/2024. On her appearance, the petitioner Miss Dwmwisri Basumatary shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned SDJM (M), Gossaigaon. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant