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2026 DAILYLAW 8425 (GAU)

ASMOT ALI ALIAS ASMAT ALI AND ANR v. THE STATE OF ASSAM AND ANR

Crl.Pet./869/2026 · 2026-06-17

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010120422026 2026:GAU-AS:8794 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./869/2026 ASMOT ALI ALIAS ASMAT ALI AND ANR SON OF ARSHAD ALI, RESIDENT OF VILLAGE-BALADOBA DHENARKUTI, POLICE STATION- SOUTH SALMARA, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM. PIN-783127 2: JOYNAL SK ALIAS JOYNAL SHEIKH SON OF JOIMON BIBI RESIDENT OF VILLAGE-BALADOBA DHENARKUTI POLICE STATIONSOUTH SALMARA DISTRICT- SOUTH SALMARA MANKACHAR ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM 2:MIACHAND ALI S/O AMZAD ALI RESIDENT OF VILLAGE-BALADOBA POLICE STATION- SOUTH SALMARA DISTRICT- SOUTH SALMARA MANKACHAR ASSAM. PIN-78312 Advocate for the Petitioner : G UDDIN, MR A H SARKAR,MR A K AZAD,P ADHIKARI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.06.2026 1. Heard Mr. G. Uddin, learned counsel for the petitioners. Also heard Mr. P. Borthakur, 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 PRC Case No.58/2025 arising out of South Salmara Police Station Case No.149/2024 under Sections 303(2)/317(2)/111(1) (i) (2) (b) of the BNS, 2023, pending in the Court of the learned Additional Chief Judicial Magistrate, South Salmara, Mankachar. 3. The petitioners, Asmot Ali @ Asmat Ali and Joynal SK @ Joynal Sheikh are shown as absconders in the Charge-Sheet. They now apprehend that if they appear before the Trial Court, they will be remanded to custody. 4. The petitioners now submit that they are interested in facing the trial and, therefore, they should be given adequate opportunity to that effect. 5. I have heard the submissions made by the learned counsel of both sides. 6. This Court is of the opinion that since the petitioners are interested in facing the trial they deserve to be given an adequate opportunity to that effect. Therefore, their application is allowed. 7. The petitioners, Asmot Ali @ Asmat Ali and Joynal SK @ Joynal are directed to appear before the Court of the learned Additional Chief Judicial Magistrate, South Salmara, Mankachar in connection with the PRC Case No.58/2025 on 20.07.2026 and Page No.# 3/3 on their appearance from today and on they shall be allowed to go on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, South Salmara, Mankachar. 8. The petitioners are directed to appear before the Trial Court on each and every date of hearing. If they fail to do so, the Trial Court shall have the liberty to procedure their attendance by due process of law. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant