SRI MAHENDRA GOGOI ALIAS RAJIB v. THE STATE OF ASSAM,
Crl.Pet./293/2025 · 2025-03-10
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8943 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8943 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010050732025
2025:GAU-AS:2593
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./293/2025 SRI MAHENDRA GOGOI ALIAS RAJIB SON OF LATE REBOT GOGOI, RESIDENT OF VILLAGE BHAKATGAON, P.O.
AND PS GHILAMORA DIST- LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM, REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S J SARMAH, MS A GOGOI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 11.03.2025 Heard Mr. S.J. Sramah, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor.
2. This application under Section 528 of BNSS has been filed by the petitioner, namely, Mohendra Gogoi who is aggrieved with the Order dated
Page No.# 2/3 17.12.2021 and subsequent orders passed by the Court of learned Additional Sessions Judge (FTC) Lakhimpur, North Lakhimpur in Sessions Case no. 31 (NL)/2019, whereby, non-bailable warrant of arrest were issued against the present petitioner.
3. Learned counsel for the petitioner has submitted that the petitioner is facing a trial under Section 448/376/379 of the Indian Penal Code before the Court of learned Additional Sessions Judge (FTC) Lakhimpur in Sessions Case no. 31 (NL)/2019. He submits that he was also granted bail by the same Court on 01.06.2020, however, as the bail was granted when the Covid-19 was still there, he lost contact with his engaged counsel and was unaware about the dates fixed before the Trial Court.
4. The learned counsel for the petitioner has submitted that the petitioner is ready to appear before the Trial Court and face the trial, however, some protection is sought for as non-bailable warrant of arrest has been issued against him by the Trial Court.
5. Considering the submissions made by the learned counsel for the petitioner and also considering the facts of this case which shows that the petitioner was once granted bail by the Trial Court, this criminal petition is
disposed of with a direction to the petitioner to appear before the Court of learned Sessions Judge Lakhimpur, North Lakhimpur within a period of 10 (ten) days from the date of this order and co-operate with the trial. To facilitate his appearance before the Trial Court within the aforesaid time the operation of non-bailable warrant of arrest issued against him by the Trial Court shall remain suspended for the next 10 (ten) days.
Page No.# 3/3
6. With the above observation, this criminal petition is disposed of.
JUDGE Comparing Assistant