Panaddi Sheikh @ Panuddi Sk and 2 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010259602024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3240/2024o PANADDIoSHEIKHo@oPANUDDIoSKoANDo2oORSo S/OoLATEoGHUGUoSK.o R/OoVILLoKISMAToHASDAHAoPT.IIo P.O.oKISMAToHASDAHAo P.S.oDHUBRIo DIST.oDHUBRI,oASSAMo PIN-783334 2:oFAJIRANoBIBIo@oFAZILAoBIBI oW/OoPANUDDINoSK.o R/OoVILL-oKISMAToHASDAHAoPT.IIo P.O.oKISMAToHASDAHAo P.S.oDHUBRIo DIST.oDHUBRI oASSAMo PIN-783334 3:oANOWARAoBIBI oW/OoFOIJALoHOQUEo R/OoVILL-oKISMAToHASDAHAoPT.IIo P.O.oKISMAToHASDAHAo P.S.oDHUBRIo DIST.oDHUBRI oASSAMo PIN-78333o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoAoHoAHMED,o Page No.# 2/3 Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

10.12.2024

Heard Mr. A.H. Ahmed, the learned counsel appearing for the petitioners. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the BNSS, 2023 in respect of PRC No.1014/2022 arising out of Dhubri P.S. Case No.1257/2017, under Section 304(B)/34 of the Indian Penal Code (corresponding to G.R. No.4408/2017) pending in the court of learned Addl. Chief Judicial Magistrate, Dhubri.

¶3The present three petitioners are shown as absconders in a charge sheet filed under Section 120(B)/498(A)/307 and 304(B) of the IPC. Summonses were issued against the present petitioners.

¶4Now, the petitioners have apprehended that since that court does not have the jurisdiction to entertain their bail application, they shall be remanded to custody on their appearance before the said court.

¶5The petitioners have stated that they are innocent and therefore they want to fight out their case before the trial court.

¶6I have considered the submissions made by the learned counsel of both sides.

¶7Since the petitioners are interested in facing the trial, they deserve to be given an opportunity to that effect. Therefore, their bail application is allowed. Page No.# 3/3

¶8It is hereby directed that whenever the petitioners, (1) Panaddi Sheikh @ Panuddi Sk, (2) Fajiran Bibi @ Fazila Bibi and (3) Anowara Bibi appear before the court of Addl. Chief Judicial Magistrate, Dhubri in PRC No.1014/2022, they shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the said Magistrate Addl. Chief Judicial Magistrate, Dhubri. With the aforesaid direction, the present application is disposed of.

JUDGE Comparing Assistant