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2026 DAILYLAW 2269 (GAU)

SAJIDUL ISLAM ALIAS SAJIDUL ALI v. THE STATE OF ASSAM

Crl.Pet./66/2026 · 2026-01-21

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010010722026 2026:GAU-AS:752 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./66/2026 SAJIDUL ISLAM ALIAS SAJIDUL ALI SON OF SHAHJAHAN ALI, RESIDENT OF WARD NO. 14, DHUBRI, POLICE STATION DHUBRI, DISTRICT DHUBRI, ASSAM-783301 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. DITUL DAS, MR. B J TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 22.01.2026 1. Heard Mr. D. Das, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, 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, in respect of Special Case No.231/2024, pending in the Court of the learned Special Judge (Additional), Dhubri. 3. The petitioner has been shown as an absconder in the Charge-Sheet. But, Page No.# 2/2 without issuing any summons, Trial Court issued bailable warrant of arrest directly to the petitioner. 4. Learned counsel for the petitioner submits that even if the petitioner was shown as an absconder in the charge-sheet, the Trial Court ought to have issued summons in the first instance; however, the Trial Court did not do so and instead issued a bailable warrant of arrest against the present petitioner. 5. I have considered the submissions made by learned counsel for both the sides. 6. The petitioner Sajidul Islam @ Sajidul Ali is directed to appear before the Trial Court within next 10 (ten) days from today and on his appearance, the petitioner Sajidul Islam @ Sajidul Ali shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (Additional), Dhubri. 7. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant