Disposed¶26

Abdul Alim and 3 Ors. v. the State of Assam

Gauhati HC12 May 2026Crl.Pet./645/2026

Case brief

AI extract

What is this about?

Gauhati High Court, Crl.Pet./645/2026, decided 13.05.2026 by Parthivjyoti Saikia, J. Application under Section 528 BNSS 2023 concerning PRC Case No.64/2026 before Sub-Divisional Judicial Magistrate, North Salmara, Abhayapuri. Petitioners (Abdul Alim, Mizanur Rahman, Azizur Rahman, Abdul Latif) absconders in charge-sheet, summons issued, apprehension of remand on appearance; direction to surrender/appear within 10 days with release on bail of Rs.25,000/- each with like sureties; petition disposed of.

What did the court decide?

Petitioners directed to appear before the learned Sub-Divisional Judicial Magistrate, North Salmara, Abhayapuri within 10 (ten) days and, on appearance, to be released on bail of Rs.25,000/- each with sureties of like amount; Criminal Petition disposed of accordingly. ¶26

Abdul Alim and 3 Ors. 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 petitioners, shown as absconders in the charge-sheet in PRC Case No.64/2026 and apprehending remand to custody upon appearance (the High Court lacking jurisdiction to entertain their bail application), should be permitted to appear before the trial court with protection of release on bail.

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Court's answer

Since the petitioners are interested in facing the trial, they should be given adequate opportunities to that effect.

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Ratio / Principle

The petitioners (Abdul Alim, Mizanur Rahman, Azizur Rahman and Abdul Latif) are directed to appear before the Court of the learned Sub-Divisional Judicial Magistrate, North Salmara, Abhayapuri within the next 10 (ten) days.

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Key takeaways

On their appearance before the trial court, the petitioners shall be released on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, North Salmara, Abhayapuri.ratio¶25

Detailed headnote1 paragraphs

Criminal Petition under Section 528 of the BNSS, 2023 by four accused shown as absconders in the charge-sheet in PRC Case No.64/2026 (Sub-Divisional Judicial Magistrate, North Salmara, Abhayapuri), who had received summons and apprehended remand to custody on appearance, the High Court having no jurisdiction to entertain their bail application: the State objected that the petitioners had not cooperated with investigation; the Court held that since the petitioners were interested in facing the trial, they should be given adequate opportunity; directed the petitioners to appear before the trial court within 10 (ten) days and ordered that on appearance they be released on bail of Rs.25,000/- each with sureties of like amount; petition disposed of (Parthivjyoti Saikia, J.; decision dated 13.05.2026).

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Page No.# 1/3

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GAHC010091822026

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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./645/2026

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ABDUL ALIM AND 3 ORS. S/O LATE ATOWAR RAHMAN

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2: MIZANUR RAHMAN S/O LATE ATOWAR RAHMAN

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3: AZIZUR RAHMAN S/O LATE ATOWAR RAHMAN

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4: ABDUL LATIF S/O LATE KURSHED ALI ALL ARE RESIDENTS OF VILL- DUBACHURI PART-I P.S. MERERCHAR DIST. BONGAIGAON ASSAM

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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 H R A CHOUDHURY, MS R DEKA,MR. SAYED SALIM AHMED

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 13.05.2026

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Heard Mr. S S Ahmed, the learned counsel appearing for the petitioners as well as Mr. B Sarma, the learned Additional Public Prosecutor appearing for the State of Assam.

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This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No.64/2026 pending in the court of the learned Sub- Divisional Judicial Magistrate, North Salmara, Abhayapuri.

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The petitioners, namely, 1.Abdul Alim, 2. Mizanur Rahman, 3. Azizur Rahman and 4. Abdul Latif are shown as absconders in the charge-sheet. They have received summons from the trial court. They now apprehend that if they appear before the court of the learned Sub- Divisional Magistrate, North Salmara, Abhayapuri, they will be remanded to custody because this Court does not have the jurisdiction to entertain their bail application.

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Mr. Sarma has objected to the application on the ground that during investigation period the above-named petitioners did not cooperate with police investigation and they were on the run and therefore their application should not be considered.

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Mr. Ahmed has submitted that the petitioners are interested in facing the trial.

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I have given my anxious consideration to the submissions made by the learned counsel of both sides.

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This Court is of the opinion that since the petitioners are interested in facing the trial, they should be given adequate opportunities to that effect.

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Page No.# 3/3

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It is hereby directed that the 1.Abdul Alim, 2. Mizanur Rahman, 3. Azizur Rahman and 4. Abdul Latif shall appear before the Court of the learned SubDivisional Judicial Magistrate, North Salmara, Abhayapuri within next 10 (ten) days. On their appearance, they shall be released on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, North Salmara, Abhayapuri.

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With the aforesaid direction, the Criminal Petition stands disposed of.

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JUDGE

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Comparing Assistant

Abdul Alim and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abdul Alim and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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