Dismissed

Momrej Ali v. the State of Assam and Anr.

Gauhati HC9 Dec 2021Crl.Pet./733/2021

Case brief

AI extract

What is this about?

The Gauhati High Court recalled a non-bailable warrant issued against the petitioner for failing to appear in a GR case upon accepting his undertaking to appear before the trial court by a fixed date. A fresh warrant may be issued if he defaults.

What did the court decide?

The non-bailable warrants dated 07.02.2020 and 29.09.2021 in GR Case No.6498/2016 are recalled. The petitioner is directed to appear before the learned Judicial Magistrate 1st Class Kamrup(M) on or be

Momrej Ali Vs the State of Assam and Anr. — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010209192021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./733/2021

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MOMREJ ALI S/O MD. MAHAR ALI R/O PIAJBARI P.S. GOURIPUR DIST. DHUBRI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM

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2:SRI ANUP RAKSHIT S/O HILLOL KR. RAKSHIT R/O H/NO. 1 BYE LANE -6 JOYMOTI NAGAR ADABARI P.S. JALUKBARI DIST. KAMRUP (M) ASSAM PIN-78101

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Advocate for the Petitioner : MR. S MUNIR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

09.12.2021

Heard Mr. S Munir, learned counsel for the petitioner. Also heard Mr. D Das, learned Additional Public Prosecutor Assam for the State respondents.

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The orders dated 07.02.2020 and 29.09.2021 of the learned Judicial Magistrate 1^st Class Kamrup(M) issuing non-bailable warrant of arrest/fresh nonbailable warrant of arrest against the petitioner for having not appeared in GR Case No.6498/2016 is assailed in this criminal petition.

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The petitioner gives an undertaking before the Court that on the next date to be fixed by the Court, the petitioner would appear before the learned Judicial Magistrate 1^st Class Kamrup(M) to participate in the proceeding.

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Mr. D Das, learned Additional Public Prosecutor, Assam agrees to the said proposition.

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The non-bailable warrant of arrest issued against the petitioner vide orders dated 07.02.2020 and 29.09.2021 in GR Case No.6498/2016 is recalled.

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The petitioner is directed to appear before the learned Judicial Magistrate 1^st Class Kamrup(M) on or before 06.12.2021.

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This order is passed on the undertaking given by the petitioner and, in the event, the petitioner does not appear before the learned Judicial Magistrate 1^st Class Kamrup(M) on or before 06.12.2021, the learned Court would be at liberty to pass any order as may be permissible under the law including issuing of a fresh non-bailable warrant of arrest.

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Page No.# 3/3

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In terms of the above, this criminal petition stands disposed of.

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JUDGE

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Comparing Assistant

Momrej Ali v. the State of Assam and Anr.

Case brief

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Momrej Ali v. the State of Assam and Anr.

Case brief

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