Page No.# 1/3 GAHC010017512026 2026:GAU-AS:1316 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./99/2026 SAHEB ALI AND ANR S/O- ABDUL JALIL, A RESIDENT OF VILL.- KANAIMARA CHAR, P.S.- SOUTH SALMARA, DIST.- SOUTH SALMARAMANKACHAR ASSAM. 2: BILLAL SHEIKH ALIAS BELLAL ALI S/O- JORIP ALI A RESIDENT OF VILL.- BORO PIBULBARI P.S.- MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S H ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.02.2026 1. Heard Mr. M. A. I. Hussain, learned counsel for the petitioners. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023, in respect of PRC Case No.1017/2023, pending in the Court of the learned Sub-Divisional Judicial Magistrate (M), South Salmara, Mankachar. 3. The petitioners, Saheb Ali and Billal Sheikh @ Bellal Ali are shown as an absconder in the Charge-Sheet alleging commission of Session’s triable offences. 4. The petitioners have submitted that they are interested in facing the trial and therefore they should be given adequate opportunity to contest the case. 5. Learned Additional Public Prosecutor has objected to this prayer of the petitioners. 6. I have considered the submissions made by the learned counsel for both sides. 7. Since the petitioners are interested in facing the trial, they should be given adequate opportunity to that effect. 8. Therefore, the prayer of the petitioners is allowed. 9. Both the petitioners are directed to appear before the Court of the learned Sub-Divisional Judicial Magistrate (M), South Salmara, Mankachar in respect of PRC Case No.1017/2023 on 10.02.2026. and on their appearance, the petitioners Saheb Ali and Billal Sheikh @ Bellal shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), South Salmara, Mankachar. 10. It is hereby directed that the petitioners shall regularly appear before the Trial Court on each and every date of hearing, if they fail to do so, the Trial Court shall Page No.# 3/3 have the liberty to procure their attendance by due process of law. 11. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant