Disposed¶26

Jabed Ali and Anr. v. the State of Assam

Gauhati HC5 Mar 2026Crl.Pet./296/2026

Case brief

AI extract

What is this about?

Gauhati High Court; Crl.Pet./296/2026; GAHC010043902026; Jabed Ali; Monser Ali @ Babu; State of Assam; Section 528 BNSS 2023; recall of Non Bailable Warrant of Arrest; NBWA set aside; absconders in charge sheet; PRC No. 324/2025; Judicial Magistrate 1st Class South Salmara Mankachar; sessions triable offence; surrender and bail; bail Rs.25,000/- each with one surety; appearance within 10 days; Justice Parthivjyoti Saikia; order dated 06.03.2026; criminal petition disposed of.

What did the court decide?

NBWA dated 23.12.2025 issued in PRC No. 324/2025 set aside and recalled; petitioners directed to appear before the Judicial Magistrate 1st Class, South Salmara, Mankachar within 10 days, and on appearance to be released on bail of Rs.25,000/- each with one surety of like amount, subject to appearance on every date of hearing. ¶26

Jabed Ali and Anr. Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Non Bailable Warrant of Arrest dated 23.12.2025 issued against the petitioners in PRC No. 324/2025 should be set aside and recalled so that they may appear before the trial court and participate in the trial, with protection of release on bail upon appearance.

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Ratio / Principle

Since the petitioners are interested to participate in the trial, an opportunity should be given to them; accordingly, the order dated 23.12.2025 passed in PRC No. 324/2025 issuing NBWA against the petitioners is set aside and recalled.

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Key takeaways

The petitioners are directed to appear before the learned Judicial Magistrate 1st Class, South Salmara, Mankachar in respect of PRC No. 324/2025 within next 10 (ten) days.ratio¶24
On their appearance, the petitioners shall be allowed to go on bail of Rs.25,000/- each with one surety of like amount, to the satisfaction of the learned Judicial Magistrate 1st Class, South Salmara, Mankachar.ratio¶24
The petitioners must appear before the trial court on each and every date of hearing; failing which the trial court may procure their attendance by following due procedure of law.

Detailed headnote1 paragraphs

Criminal petition under Section 528 of the BNSS, 2023 — petitioners (Jabed Ali and Monser Ali @ Babu) shown as absconders in the charge sheet in PRC No. 324/2025 (sessions-triable offences) before the Judicial Magistrate 1st Class, South Salmara, Mankachar, against whom a Non Bailable Warrant of Arrest was issued by order dated 23.12.2025 — petitioners expressed willingness to face trial but apprehended custody on appearance — Held, since the petitioners are interested to participate in the trial, an opportunity should be given to them: the NBWA order dated 23.12.2025 is set aside and recalled; petitioners to appear before the trial court within 10 days, and on appearance to be released on bail of Rs.25,000/- each with one surety of like amount; petitioners to appear on every date of hearing, failing which the trial court may procure their attendance per due process. Criminal petition disposed of (Parthivjyoti Saikia, J., Gauhati High Court, 06.03.2026).

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Page No.# 1/2

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GAHC010043902026

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THE GAUHATI HIGH COURT

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

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Case No. : Crl.Pet./296/2026

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JABED ALI AND ANR S/O LATE SAMSUL HOQUE

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RESIDENT OF VILL- KUKURMARA PART-II, P.O. RADHAMADHAB HAT,P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131

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2: MONSER ALI @ BABU S/O LATE ABDUL KAYUM RESIDENT OF VILL- KUKURMARA PART-II P.O. RADHAMADHAB HAT P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN,A A AHMED

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 06.03.2026

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Heard Mr. M Islam, learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, learned Additional Public Prosecutor, Assam.

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This application has been filed under Section 528 of the BNSS, 2023 by the petitioners,

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Page No.# 2/2

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namely, (1) Jabed Ali and (2) Monser Ali @ Babu in respect of PRC No. 324/2025 pending in the Court of the learned Judicial Magistrate 1^st Class, South Salmara, Mankachar.

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Both the petitioners have been shown absconders in the charge sheet. The Trial Court issued Non Bailable Warrant of Arrest against them by order dated 23.12.2025.

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The learned counsel representing the petitioners has submitted that the petitioners are interested in facing the trial and, therefore, adequate opportunity should be given to them to contest the case.

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Since the offence alleged against the petitioners are sessions triable, the petitioners apprehend that if they appear before the learned Judicial Magistrate 1^st Class, South Salmara, Mankachar they will not be released on bail and may send to custody.

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I have considered the submissions made by the learned counsel for both sides. Considering entire aspect of the matter, this Court is of the opinion that since the petitioners are interested to participate in the trial, an opportunity should be given to them. Therefore, the order dated 23.12.2025 passed in PRC No. 324/2025 by the learned Judicial Magistrate 1^st Class, South Salmara, Mankachar issuing NBWA against the petitioners is set aside and recalled.

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In view of the above, the petitioners, namely, (1) Jabed Ali and (2) Monser Ali @ Babu are directed to appear before the learned Judicial Magistrate 1^st Class, South Salmara, Mankachar in respect of PRC No. 324/2025 within next 10 (ten) days from today. On their appearance, the learned Judicial Magistrate 1^st Class, South Salmara, Mankachar shall allow the petitioners to go on bail of Rs.25,000/- each with one surety of like amount to the satisfaction of the learned Judicial Magistrate 1^st Class, South Salmara, Mankachar.

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The petitioners are directed to appear before the learned Trial Court on each and every date of hearing and if they fail to do so, the learned Trial Court shall have the liberty to procure their attendance by following due procedure of law.

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With the above, the criminal petition is disposed of.

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JUDGE

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Comparing Assistant

Jabed Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jabed Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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