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2025 DAILYLAW 9534 (GAU)

TRAILUKYA BORDOLOI v. THE STATE OF ASSAM

Crl.Pet./395/2025 · 2025-05-08

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010059712025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./395/2025 TRAILUKYA BORDOLOI S/O LATE MANSHING BORDOLOI, R/O JAGIROAD NAKHOLA, P.S JAGIROAD, DISTRICT MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. KHAIRUL ISLAM,MR. N HOQUE Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.05.2025 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging some orders passed by the learned Chief Judicial Magistrate, Morigaon in PRC Case No.1379/2022. 3. By the said orders, the learned Magistrate directed issue of non-bailable warrant of arrest against the present petitioner Trailukya Bordoloi. 4. The petitioner has been facing trial before the Court below and he defaulted in appearance on 5 consecutive dates. Therefore the Trial Court directed issue of non- bailable warrant of arrest against him. 5. Today, the reasons shown by the petitioner for his absence seems to be satisfactory. Moreover, the petitioner is interested in facing the trial and therefore he deserves to be given one opportunity to that effect. 6. The prayer made by the petitioner is allowed. 7. The impugned orders directing issue of non-bailable warrant of arrest against the present petitioner Trailukya Bordoloi by the learned Chief Judicial Magistrate , Morigaon in PRC Case No.1379/2022 are set aside. Page No.# 3/3 8. The petitioner Trailukya Bordoloi is directed to appear before the Court of learned Chief Judicial Magistrate, Morigaon in connection with PRC Case No.1379/2022 within next 10(ten) days from today. 9. On his appearance, the petitioner Trailukya Bordoloi shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon, Assam. 10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant