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2026 DAILYLAW 4757 (GAU)

TAHIR ALI AND ANR v. THE STATE OF ASSAM AND ANR

Crl.Rev.P./200/2026 · 2026-04-20

Parthivjyoti Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010074812026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./200/2026 TAHIR ALI AND ANR S/O HAKEM ALI RESIDENT OF VILL- SOLMARI, P.O. BILASHPUR, P.S. SADAR NAGAR, DIST. NAGAON, ASSAM, PIN-783372 2: ASUR UDDIN @ ASAR UDDIN @ ASUR ALI S/O HAKEM ALI RESIDENT OF VILL- SOLMARI P.O. BILASHPUR P.S. SADAR NAGAR DIST. NAGAON ASSAM PIN-78337 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:AJIMON NESSA W/O ABDUL GONI R/O VILL- SOLMARI P.O. BILASHPUR P.S. SADAR NAGAON DIST. NAGAON ASSAM PIN-78337 Advocate for the Petitioner : MR G ALAM, MR S R A NASER,MR. H ROHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 21.04.2026 Heard Mr. G Alam, the learned counsel appearing for the petitioners as well as Mr. P S Lahkar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 438 read with Section 442/528 of the BNSS, 2023 challenging the order dated 31.03.2026 and subsequent orders directing issue of Non-Bailable Warrant of Arrest against the petitioners by the learned Judicial Magistrate 1st Class, Nagaon, Assam in C.R. Case No. 690/2025. 3. The petitioners, namely, 1. Tahir Ali and 2 Asur Uddin @ Asar Uddin @ Asur Ali had gone to Sivasagar in search of work and therefore, there was a communication gap with their lawyer. Ultimately, they could not appear before the trial court and the trial court directed issue of Non-Bailable Warrant of Arrest against them. 4. The learned counsel for the petitioners has submitted that the petitioners are interested in facing the trial and therefore, they should be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioners are interested in facing the trial, this Court is of the opinion that the petitioners deserve to be given adequate opportunities to that effect. Therefore, their prayer is allowed. 7. Therefore, all orders directing issue of Non-Bailable Warrant of Arrest against the two petitioners 1. Tahir Ali and 2. Asur Uddin @ Asar Uddin @ Asur Ali in respect of C.R. Case No. 690/2025 by the learned Judicial Magistrate 1st Class, Nagaon, Assam are set aside. 8. It is hereby directed that the petitioners, namely, 1. Tahir Ali and 2. Asur Uddin @ Asar Uddin @ Asur Ali are directed to appear before the trial court within next 10 (ten) days from today. On their appearance, the petitioners, namely, 1. Tahir Ali and 2. Asur Uddin @ Asar Uddin @ Asur Ali shall be released on bail of ₹25,000/- (Rupees Twenty Five Thousand) each with sureties of like amount to the satisfaction of the Judicial Magistrate 1st Class, Nagaon, Assam. Page No.# 3/3 With the aforesaid direction, the Criminal Revision Petition stands disposed of. JUDGE Comparing Assistant