Gauhati High Court
Sri Nayan Barman vs The State Of Assam And Anr on 21 April, 2025
Author: Malasri Nandi
Bench: Malasri Nandi
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GAHC010081512025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./451/2025
SRI NAYAN BARMAN
SON OF DHANESWAR BARMAN, RESIDENT OF VILLAGE KAITHALKUCHI,
P.S. BELSOR,
DIST. NALBARI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM
2:SRI DAYA KANT PODDAR
SON OF LATE RAM LOCHAN PODDAR
RESIDENT OF LOKHRA
HARICHANDRA PATH
GUWAHATI
P.S.BASISTHA
DIST. KAMRUP (M)
ASSAM
PIN-78102
Advocate for the Petitioner : MR. S BORTHAKUR, MS. S KAKATI
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
21.04.2025
Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard
Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.
This is an application under Section 528 of BNSS, 2023, R/W Section
438/442 for setting aside the order dated 13.05.2024 and the subsequent
orders passed by the learned Chief Judicial Magistrate, Baksa in connection
with PRC Case No.360/2022 u/s 379/120 (B)/411/34 IPC.
It is submitted by the learned counsel for the petitioner that the
petitioner earlier has appeared before the Trial Court and he was allowed to
remain on previous bail. On subsequent date, a petition was filed showing
cause of his absence. Subsequently, the petitioner failed to appear before
the Trial Court for which the warrant of arrest and P/A was issued.
It is also submitted by the learned counsel for the petitioner that due
to miscommunication with the engaged lawyer, the petitioner did not appear
before the trial court. Learned counsel further submitted that the petitioner
is now ready to appear before the trial court to face the trial and prayed to
recall the warrant of arrest and P/A.
Mr. D.P. Goswami, learned Additional Public Prosecutor, on the other
hand, submits that the petitioner may appear before the trial court seeking
regular bail.
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I have considered the submissions made by the learned counsel for
the parties.
In view of the above, the petitioner is directed to appear before the
trial court within 10 days from today and in the event of filing any bail
application, the same shall be considered in accordance with law.
Till such appearance of the petitioner before the trial court, the
warrant of arrest and P/A issued against the petitioner shall be kept in
abeyance. If the petitioner fails to appear during such period, the Trial Court
is at liberty to pass any such appropriate order as prescribed by law.
Accordingly, criminal petition stands disposed of.
JUDGE
Comparing Assistant