✦ Gauhati High Court

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM & Anr.

PARTHIVJYOTI SAIKIA

Case at a glance

Outcome

Disposed of

With the aforesaid direction, this criminal petition stands disposed of

Provisions considered

Judgment

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl. Pet./1348/2023 JEHERUL ISLAM AND 2 ORS S/O MONTAJ ALI R/O VILL- BECHIMARI P.S. DALGAON DIST. DARRANG, ASSAM 2: DEEN ISLAM S/O MONTAJ ALI R/O VILL- BECHIMARI P.S. DALGAON DIST. DARRANG ASSAM 3: SUKNIMA KHATUN @ ALESA BEGUM W/O MOJIBUR RAHMAN R/O VILL- BECHIMARI P.S. DALGAON DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:NUR ISLAM S/O MD. KHURSHED ALI R/O VILL- BECHIMARI P.O. AND P.S. DALGAON DIST. DARRANG ASSAM PIN-78411 Advocate for the Petitioner : MR A ALI Advocate for the Respondent : PP, ASSAM Page No.# 2/3 ORDER

Operative part

18.12.2023 Heard Mr. A. Ali, learned counsel for the petitioners and also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1. This is an application under Section 482 of the Cr.P.C. praying for setting aside the order dated 23.03.2023 passed in G.R. Case No.1892/2011, pending in the Court of learned Sub-Divisional Judicial Magistrate (S), Darrang at Mangaldoi. The petitioners, namely, Jeherul Islam, Deen Islam and Suknima Khatun @ Alesa Begum, are charge-sheeted in the aforesaid case. Even after service of bailable warrant of arrest, they did not appear before the Trial Court for facing the trial. Therefore, the Trial Court issued non-bailable warrant of arrest against the petitioners. Mr. Ali, learned counsel for the petitioners submits that the petitioners are poor persons and they went outside the State for earning livelihood and that is the reason why they could not appear before the Trial Court. I have considered the submissions made by the learned counsel of both sides. I find that the petitioners have shown a good for their failure to appear before the Trial Court. Therefore, the impugned order dated 23.03.2023 is set aside. The petitioners are directed to appear before the Trial Court for seeking regular bail. With the aforesaid direction, this criminal petition stands disposed of. Page No.# 3/3 Sd/- Parthivjyoti Saikia JUDGE Comparing Assistant

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: With the aforesaid direction, this criminal petition stands disposed of

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 482.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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