Petitioner in G.R. Case No.9159/2017 challenged non-bailable warrant issued for failure to appear during the COVID-19 pandemic. Court kept warrant in abeyance for 15 days and directed petitioner to apply for bail before the lower court.
Warrant of arrest kept in abeyance for 15 days. Petitioner directed to appear and apply for bail.
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GAHC010017642022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./69/2022
KUSHAL GOSWAMI SON OF SRI DINESH GOSWAMI VILL- MALAIBARI P.S. KHETRI DIST. KAMRUP (METRO), ASSAM
VERSUS
THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM
2:DR. DHRUBAJYOTI HAJARIKA S/O GOLAK CHANDRA HAJARIKA CIRCLE OFFICER SONAPUR REVENUE CIRCLE P.S. SONAPUR DIST. KAMRUP (METRO) ASSAM PIN-78240
Advocate for the Petitioner : MR. A KADDUS
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
03-02-2022
The Court proceedings have been conducted through VideoConference due to Covid-19 pandemic.
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Heard Mr. A. Kuddus, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor, Assam for the State Respondent No.1.
This application has been filed seeking quashment of the orders dated 21.01.2020 and 21.10.2021 and orders subsequent thereto issuing nonbailabe warrant of arrest against the petitioner in G.R. Case No.9159/2017 by the learned Chief Judicial Magistrate, Kamrup (Metro).
Perused the petition and the annexures furnished therewith.
It is found from the petition as well as the submissions made by the learned counsel for the petitioner that non-bailable warrant of arrest was issued against the petitioner due to his default in appearing before the Court. The period during which the accused petitioner failed to appear, the Covid-19 pandemic was there.
I have looked into the grounds taken in the petition stating the reasons for failure to appear before the learned Court below.
Considering the nature of the prayer made, this Court is of the view that this matter may be disposed of at this motion stage and, accordingly, the same is disposed of with the order below.
The petitioner is directed to appear before the learned Court below within 15 days from today and to make an appropriate application for bail, which the learned Court below shall consider it on its own merit.
However, in the event the petitioner does not appear before the learned Court below within the stipulated time, the interim protection of 15 days shall automatically stand vacated.
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Till the appearance of the petitioner before the learned Court below within 15 days from today, the warrant of arrest issued against the petitioner is kept in abeyance.
This criminal petition stands disposed of accordingly.
JUDGE
Comparing Assistant
Kushal Goswami
The State of Assam and Anr
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
