SHAHANUR ALI @ MD SAHANUR ALI SHEIKH AND ANR Vs. STATE OF ASSAM AND ANR REPRESENTED BY P P ASSAM
LAWS(GAU)-2018-6-99
HIGH COURT OF GAUHATI
Decided on June 15,2018

Shahanur Ali @ Md Sahanur Ali Sheikh And Anr Appellant
VERSUS
State Of Assam And Anr Represented By P P Assam Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) Heard Mr. J. Ahmed, learned counsel for the petitioners and Mr. T. N. Mishra, learned Addl. Public Prosecutor for the State respondent No. 1.
(2.) By this petition under Section 482 Cr.P.C., the petitioners have prayed to set aside and quash the impugned orders, dated 26.09.2017, 29.11.2017, 19.01.2018, 08.03.2018 and 25.04.2018 respectively, passed in Sessions Case No. 208/2017, pending in the Court of learned Addl. Sessions Judge, F.T.C. No. 3, Kamrup (M), Guwahati and to recall the NBWA issued against them providing opportunity to appear before the said Court below, on 21.06.2018 and on their appearance to grant bail to them, on any condition.
(3.) Mr. Ahmed, learned counsel for the petitioners, submits that the GRPS, Guwahati laid a Charge-Sheet under Section 328/380 IPC against the petitioners and another and thereupon, G. R. Case No. 8140/2017 has been registered.Thereafter, the Court of learned Addl. Chief Judicial Magistrate, Kamrup (M), Guwahati committed the case to the Court of learned Sessions Judge, Kamrup (M), Guwahati, where it has been registered as Sessions Case No. 208/2017. Mr. Ahmed submits that although on the order of this Court, the petitioners were released on bail by the committal court, they had to leave for Meghalaya to work as labourers and could not come back early and as a result, they remained absent in the Court of learned Addl. Sessions Judge, FTC No. 3, Kamrup (M), Guwahati, for which reason, by the impugned orders issued NBWA against them. Mr. Ahmed, therefore, submits that their default in the learned Court below was not intentional one, but due to poverty and in the compelling circumstances, had to remain away for a long period in Meghalaya to work as daily labourers.;


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