GAUHATI HIGH COURT ISSUES ORDER ON RAMEN DAS V/S THE STATE OF ASSAM

GUWAHATI, India, Sept. 19 -- Gauhati High Court issued the following order on Aug. 20:

1. Heard Mr. K. Thakur, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent, State of Assam.

2. The two petitioners have approached this Court by the instant criminal petition seeking to invoke the inherent jurisdiction of this Court available under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 to assail two Orders, dated 06.05.2023 and dated 04.03.2024, passed during the course of proceedings of Sessions Case no. 70[DH]/2019 by the learned Sessions Judge, Dhemaji ['the Trial Court', for short]. By the Order dated 06.05.2023, the Trial Court by declaring the petitioner no. 1 as an absconder, has decided to file the case against him for the time being. By the subsequent Order dated 04.03.2024, by declaring the petitioner no. 2 as an absconder, the Trial Court has decided also to file a case against him for the time being.

3. In order to appreciate the nature of challenge made in this criminal petition, it is necessary to narrate the relevant and necessary events leading to the passing of the said two Orders.

4. It has emerged from the materials brought on record that against the two petitioners herein along with another accused person, a case, Gogamukh Police Station Case no. 218/2019 was registered for commission of offences under Sections 120B/307/379, Indian Penal Code [IPC] read with Section 34, IPC. Upon completion of investigation, a Charge-Sheet under Section 173[2], CrPC came to be laid by the Investigating Officer [I.O.] of the case finding prima facie case against the three accused persons for the offences under Sections 120B/450/307/323/34, IPC. On submission of the charge-sheet and after commitment, the case has been registered as Sessions Case no. 70[DH]/2019.

5. After registration of the case as Sessions Case no. 70[DH]/2019, the petitioner no. 2 and the other charge-sheeted accused person, Smti. Bornali Begum Sonowal appeared before the Trial Court on 25.11.2019 on receipt of summons and filed a petition, Petition no. 1794/2019 with a prayer to allow them to remain on previous bail. The Trial Court allowed the prayer made on behalf of the petitioner no. 2 to remain on previous bail on 25.11.2019. On 25.11.2019, another petition, Petition no. 1793/2019 was filed on behalf of the petitioner no. 1 showing cause of absence of his bailor and prayed for fixation on another date. The said prayer made on behalf of the petitioner no. 1 was also allowed and the petitioner no. 1 was allowed to go on previous bail till the next date, 22.01.2020. On 22.01.2020, the prayer made on behalf of the petitioner no. 1 to allow him to remain on previous bail was allowed by the Trial Court. The Trial Court on 22.01.2020 posted the case on 01.04.2020 for hearing/consideration of charge.

6. This Court is agreeable to the submission advanced on behalf of the petitioners that during the subsequent period, the court proceedings were affected due to emergence and continuance of Covid-19 pandemic. On 17.02.2022, the other charge-sheeted accused person was found to be present before the Trial Court whereas the two petitioners herein were found absent without taking any steps. From the Order dated 17.02.2022, it can be noticed that the Trial Court had ordered issuance of Non-Bailable Warrant of Arrest [NBWA] against both the petitioners.

7. On 20.04.2022, the petitioner no. 2 made an appearance before the Trial Court with a petition, Petition no. 600/2022 showing cause of his absence on the previous date and made a prayer to allow him to remain on previous bail. Allowing the said prayer, the Trial Court recalled the NBWA. On that day, the petitioner no. 1 was found absent without any steps.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7EKziY5QAadhcBEKpE5PsO0qiRUZj2PkN4WG4Of6L9W&caseno=Crl.Pet./703/2025&cCode=1&cino=GAHC010122932025&state_code=6&appFlag=)

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