GUWAHATI, India, June 16 -- Gauhati High Court issued the following order on May 15:
Heard Mr. S Hussain, learned counsel appearing for the petitioner. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam.
By this application filed under Sections 528/438/442 of the BNSS, 2023 the petitioner, namely, Jul Hussain, has prayed for recalling the order dated 05.10.2023 whereby NBWA and P & A was issued against him by the learned Trial Court.
The petitioner is an accused before the Trial Court.
Due to absence of the petitioner in connection with GR Case No. 30/2011, pending in the court of the learned SDJM (M), Bilasipara, the learned Trial Court issued NBWA and P&A against the present petitioner.
The petitioner has submitted that on 05.10.2023 he could not appear before the Trial Court because of miscommunication with his engaged Lawyer. Therefore, the Trial Court issued NBWA and P& A against the petitioner.
The petitioner has now submitted that he is interested in facing the trial and, therefore, adequate opportunity should be given to him.
I have considered the submissions made by the learned counsel for both the sides.
Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to contest the case. Hence, the order dated 05.10.2023 issuing NBWA and P & A against the present petitioner by the learned SDJM (M), Bilasipara in connection with GR Case No. 30/2011 is recalled and set aside.
The petitioner is directed to appear before the SDJM (M), Bilasipara in connection with GR Case No. 30/2011 within next 10 (ten) days from today. On his appearance, the learned SDJM (M), Bilasipara shall allow the petitioner to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Trial Court.
The criminal petition is disposed of.
Disclaimer: Curated by HT Syndication.
