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2026 DAILYLAW 9077 (GAU)

SAH JAHAN ALI ALIAS SHAHJAHAN v. THE STATE OF ASSAM AND ANR

Crl.Pet./934/2026 · 2026-06-24

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010130532026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./934/2026 SAH JAHAN ALI ALIAS SHAHJAHAN S/O- ROHIM UDDIN, R/O-WEST KATHOLI, P.S.- LAKHIPUR, DIST.- GOALPARA, ASSAM. PRESENTLY RESIDING AT VILL- LALUKA GAON, P.S. DIST- DIBRUGARH, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY P.P. ASSAM 2:SMT ARIFA BEGUM W/O- MD. RAHIM BASSA R/O- LOHARPATTY P.S.- DIBRUGARH DIST.- DIBRUGARH ASSAM. PIN-786001 Advocate for the Petitioner : MR S M ABDULLAH P, MR. MD IMDAD,MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.06.2026 Heard Mr. S M Abdullah P., the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, 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 PRC Page No.# 2/2 No.2381/2022 (GR 2920/2013) pending in the Court of the learned Chief Judicial Magistrate, Dibrugarh, Assam. 3. The petitioner Sah Jahan Ali @ Shahjahan has been shown as an absconder in the Charge-Sheet alleging commission of Sessions’ triable offences. He has received summons from the Court of the learned Chief Judicial Magistrate, Dibrugarh, Assam. 4. The petitioner now apprehends that since he has been accused of committing Sessions’ triable offences, this Court will not grant him bail. 5. Mr. Abdullah P. has submitted that the petitioner is interested in facing the trial, he should be given adequate opportunities to that effect. 6. I have considered the submissions made by the learned counsel of both sides. 7. This Court is of the opinion that since the petitioner has shown interest in facing the trial, he should be given adequate opportunities to that effect. 8. Therefore, the Criminal Petition of the petitioner is allowed. 9. It is hereby directed that the petitioner, namely, Sah Jahan Ali @ Shahjahan is directed to appear before the Court of the learned Chief Judicial Magistrate, Dibrugarh, within next 15 (fifteen) days from today in connection with PRC No.2381/2022. 10. On his appearance, the petitioner Sah Jahan Ali @ Shahjahan shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Chief Judicial Magistrate, Dibrugarh, Assam. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant