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2026 DAILYLAW 1989 (GAU)

JAHIRUL ISLAM ALIAS JEHERUL ISLAM v. THE STATE OF ASSAM AND ANR

Crl.Pet./120/2026 · 2026-02-04

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010020272026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./120/2026 JAHIRUL ISLAM ALIAS JEHERUL ISLAM S/O ABDUS CHAMAD, R/O AHMADPUR BLOCK, P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM. 2:PETENEIZO MECHULHO S/O KIPHENGULIE MECHULHO R/O KOHIMA P.S. NORTH POLICE STATION DIST. KOHIMA NAGALAN Advocate for the Petitioner : MR N J DAS, MR. S M MOLLAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2025 Heard Mr. N J Das, the learned counsel appearing for the petitioner. Also heard Mr. K K Das, the learned Additional Public Prosecutor for the State of Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 in respect of the order dated 22.07.2024 and the subsequent orders passed by the learned Judicial Magistrate-II, Morigaon, Assam in PRC Case No. 98/2020. 3. The petitioner has been shown as an absconder in the charge sheet. Summons, Bailable Warrant of Arrest, Non- Bailable Warrant of Arrest and P & A were issued against him. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and therefore, he may be given an opportunity to that effect so that he can contest the case before the trial court. 5. I have considered the submissions made by the learned counsels of both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to that effect. Therefore, his petition is allowed. 7. It is hereby directed that the petitioner Jahirul Islam @ Jeherul Islam shall appear before the court of the learned Judicial Magistrate-II, Morigaon, Assam on 22.02.2026 in respect of PRC Case No. 98/2020. On his appearance, the petitioner Jahirul Islam @ Jeherul Islam shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate-II, Morigaon. 8. The petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to appear, the trial court shall be liberty to procure his attendance in accordance with the procedures as laid down by law. With the aforesaid direction, the present Criminal Petition stands disposed of. JUDGE Comparing Assistant