ORDER

24.08.2022 Date :

Heard Mr. I. Haque, learned counsel for the petitioner and Mr. Bhaskar Sarma, learned APP for the State.

By this criminal petition filed under Section 482 CrPC, the petitioner has prayed for recalling of the NBWA issued by the court of learned Judicial Magistrate First Class, Kamrup (M), Guwahati in CR Case no. 2057/2020.

The learned counsel for the petitioner has projected that the complaint case was related to bounce of cheque under Section 138 of the Negotiable Instruments Act and on receipt of the summon, the petitioner appeared before the learned trial Court on 05.05.2022 and has prayed for allowing him to go on bail on his personal bond. However, the said learned court had granted bail to the petitioner on a sum of Rs.10,000/- with one surety of like amount and it default to judicial custody. The learned counsel for the petitioner has projected that the petitioner was not aware that he was required to submit a bail bond along with bond of one surety of like amount, he had left the court premises and later on at about 4.45 PM, NBWA was issued against the petitioner and fresh NBWA was issued against the petitioner on 05.07.2022.

The learned counsel for the petitioner has submitted that the petitioner is ready and willing to appear before the learned trial Court and to submit a bail bond as may so directed.

The learned APP has opposed the prayer for bail as the petitioner is defaulting in submitting bail bond.

On a consideration that the petitioner had appeared on receipt of summons and had made a prayer for being released on cost of the personal bond, the Court is inclined to direct that the order of NBWA issued by the learned Judicial Magistrate First Class, Kamrup (M), Guwahati by order dated 05.05.2022 and 05.07.2022 be kept in abeyance till 11.00 AM on 19.09.2022 as the said date is fixed for appearance of the petitioner. Thereafter, the protection of the petitioner would lapse. On the date fixed for appearance, the petitioner would show cause before the learned Court and to satisfy the Court for not being able to comply with the conditions for grant of bail by order dated 05.05.2022 and also apply for a fresh bail. It is directed that on such application being filed, the learned Judicial Magistrate First Class, Kamrup (M), Guwahati shall consider the same in accordance with law.

On appearance before the learned trial Court, the petitioner shall produce a certified copy of this order before the said learned Court.

In view of the order passed, the Court finds no point to keep the matter pending.

Accordingly, this criminal petition stands closed without issuing notice to the respondents.

JUDGE

Comparing Assistant