Moinuddin Ali v. The State of Assam and Anr

ORDER Date : 18.12.2024

¶1Heard Mr. A. Paramanik, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public prosecutor for the State of Assam.

¶2This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in respect of Sessions Case No.144/2019, pending in the Court of learned Sessions Judge, Kamrup, Amingaon.

¶3The petitioner has been facing trial before the Court below in respect of the aforesaid case, thereafter to earn his livelihood he went to the state of Karnataka and therefore he could not appear in the Trial Court on many dates.

¶4Therefore the Trial Court directed to issue of non-bailable warrant of arrest against the present petitioner. Now the petitioner has returned, he submits that he is interested in facing the trial.

¶5I have considered the submissions made by learned counsel for both the sides.

¶6Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect.

¶7Therefore the application is allowed.

¶8All orders directing issue of non-bailable warrant against the present petitioner Moinuddin Ali in respect of Sessions Case No.144/2019, pending in the Court of the learned Sessions Judge, Kamrup, Amingaon are set aside.

¶9The petitioner is directed to appear before the Trial Court on 20.12.2024.

¶10On his appearance, he shall be released on fresh bail of Rs.25,000/- with a Page No.# 3/3 surety of like amount to the satisfaction of the learned Sessions Judge, Kamrup, Amingaon.

¶11With the aforesaid direction the Criminal Petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010254882024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1470/2024o MOINUDDINoALIo S/OMD.oCHANDUoSEIKHo R/OoJAWKATADIAo P.S.oBOKOo DIST.oKAMRUP,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:SHAHORoBHANU oD/OoPASHANoALIo VILL-oBHALUKABARIo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAo AdvocateoforotheoPetitionerooooo:oMR.oAoPARAMANIK,oP.oKALITAo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA