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2025 DAILYLAW 8661 (GAU)

JABID BASUMATARY v. THE STATE OF ASSAM

I.A.(Crl.)/183/2025 · 2025-03-06

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010046512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/183/2025 JABID BASUMATARY S/O- RAMSING BASUMATARY, R/O- VILL- NO 1, GAJEN PATHAR, DIST- BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : TUN RAJKHOWA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 07.03.2025 Heard Mr. R. P. Hazarika, the learned counsel for the applicant. This Interlocutory Application has been filed by the petitioner praying for modification of the order dated 25.02.2025 passed in the Bail Application No. 236/2025. The learned counsel for the petitioner has submitted that though, in the Page No.# 2/3 Bail Application No. 236/2025, the bail was granted to the petitioner, however, in paragraph 15 of the said order, it was erroneously mentioned that the bail of Rs. 50,000/- with a suitable surety of like amount would be subject to the satisfaction of the arresting authority instead of the Court of learned Sessions Judge, Biswanath, Chariali. I have gone through the order dated 25.02.2025 passed by this Court in Bail Application No. 236/2025. On perusal of the said order, it appears that there is an inadvertent typographical mistake in paragraph 15 of the said application, where the bail was granted subject to the satisfaction of the arresting authority. The same needs rectification as it was not an anticipatory bail application but an application for bail when the petitioner has already been detained behind the bars. In view of the above, this Interlocutory Application is allowed and it is hereby directed that paragraph No. 15 of the order dated 25.02.2025 passed in Bail Application No. 236/2025 shall be read as follows: “In view of the above reasons, the above-named petitioner, is allowed to go on bail of Rs. 50,000/- with a suitable surety of like amount subject to the satisfaction of learned Sessions Judge, Biswanath, Biswanath Chariali in Special NDPS Case No. 49/2024 with the following conditions:” The conditions shall remain same as mentioned earlier in the Bail Application No. 236/2025. Page No.# 3/3 With above observation, this interlocutory application is disposed of. JUDGE Comparing Assistant