Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010122362026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./876/2026 JEHERUL ISLAM S/O NUR ISLAM, RESIDENT OF VILLAGE PUB KALAKUCHI, P.O. PUB KALAKUCHI, P.S. MUKALMUA, DISTRICT NALBARI, ASSAM 781348. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P BORA, MS K SARMA,MR H K SARMA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.06.2026 Heard the learned Senior Counsel Mr. P Bora assisted by Mr. H K Sarma appearing for the petitioner. Also heard Mr. P H 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 P.R.C. Case No.474/2025 pending in the Court of the learned Additional Chief Judicial Magistrate,
Page No.# 2/2 Nalbari. 3. The petitioner Jeherul Islam has been shown as an absconder in the charge sheet. Therefore, the petitioner apprehends that if he appears before the trial court, he will be remanded to judicial custody. 4. Mr. Bora has submitted that the petitioner is interested in facing the trial and therefore, he should be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. I have also gone through the materials available in the record. 6. This Court is of the opinion that since the petitioner is interested in facing the trial, he should be given adequate opportunities to that effect. 7. Therefore, the prayer of the petitioner is allowed. 8. The order of Bailable Warrant of Arrest issued by the learned Additional Chief Judicial Magistrate, Nalbari in P.R.C. Case No.474/2025 against the petitioner Jeherul Islam shall be recalled. 9. It is hereby directed that the petitioner, namely Jeherul Islam is directed to appear before the trial court within next 15 days from today in connection with P.R.C. Case No.474/2025. On his appearance, the petitioner Jeherul Islam shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Nalbari. It is also directed that the petitioner shall appear before the trial court on each and every date of hearing.
If he fails to do so, the trial court shall have the liberty to procure his attendance in accordance with the procedures as laid down by law. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant