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2026 DAILYLAW 1777 (GAU)

ROFIKUL ISLAM ALIAS ROFIQUL ISLAM v. THE STATE OF ASSAM

Crl.Pet./363/2026 · 2026-03-12

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010051072026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./363/2026 ROFIKUL ISLAM ALIAS ROFIQUL ISLAM S/O MOTLEB ALI RESIDENT OF VILL- BORORAVATARY, PART-I, P.O. RAVATARI, P.S. SOUTH SALMARA, DIST. SOUTH SALMARA MANKACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.03.2026 Heard Mr. M Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. P S Lahkar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC (Police Report Cases) Case No.58/2025 pending in the Court of the learned Additional Page No.# 2/2 Chief Judicial Magistrate, South Salmara, Mankachar. 3. The petitioner Rofikul Islam @ Rofiqul Islam is shown as an absconder in the charge sheet. The trial court has issued summons against him. The petitioner now apprehends that he will be remanded to custody if he appears before the trial court. 4. Mr. Ahmed submits that the petitioner is interested in facing the trial and therefore, the petitioner should be given adequate opportunities 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 adequate opportunities to face the trial. 7. Therefore, the prayer of the petitioner is allowed. 8. The petitioner Rofikul Islam @ Rofiqul Islam is directed to appear before the Court of the learned Additional Chief Judicial Magistrate, South Salmara, Mankachar in respect of PRC (Police Report Cases) Case No.58/2025 within next 10 (ten) days from today. On his appearance, he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, South Salmara, Mankachar. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant