The High Court confirms its power to ensure fair judicial proceedings while allowing a petitioner's bail application to be considered based on merit during subsequent Trial Court appearances.

ORDER

Date : 13.08.2025 Heard Mr. H. Das, learned counsel for the petitioner and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. The petitioner has preferred the instant criminal petition under Section 528 , Bharatiya Nagarik Suraksha Sanhita [ BNSS ], 2023, seeking to invoke the inherent powers of this Court, to assail two Orders, dated 27.02.2025 and dated 02.05.2025, passed by the Court of learned Judicial Magistrate, First Class, Dhubri [‘the Trial Court’] in the course of the proceedings of Police Report Case [PRC] no. 1713/2023.

3. From the materials placed on record, it has emerged that a First Information Report [FIR] was lodged in connection with an incident occurred on 27.10.2007 within the territorial jurisdiction of Golakganj Police Station. In the FIR, sixteen nos. of persons were named as accused including the present petitioner as accused no. 1. The said FIR was registered as Golakganj Police Station Case no. 579/2007 for the offences under Sections 147/148/149/341/436/ 326/307, IPC read with Section 4 of the Prevention of Damage of Public Property [PDPP] Act. Subsequently, Section 302, IPC has been added on 18.11.2007.

4. Upon investigation, a charge-sheet was submitted after more than 15 [fifteen] years vide Charge-Sheet no. 132/2023 on 30.03.2023. In the Charge-Sheet, sixteen persons have been charge-sheeted and the petitioner is one of them. The Charge-Sheet has been submitted finding a prima facie case for the offences under Section 148/149/341/440/326/307/ 302, IPC read with Section 4 of the PDPP Act. On submission of the Charge-Sheet, the case has been registered as PRC Case no. 1713/2023 and the Trial Court taking cognizance, issued summons to the charge-sheeted accused persons by an Order dated 10.01.2024.

5. On receipt of summons, the petitioner through his engaged counsel preferred a petition showing cause for his absence on 27.02.2025. Similar petition was also filed on behalf of the petitioner on 02.05.2025. By both the Orders, the Trial Court allowed the petition fixing next date for appearance of the petitioner on 28.08.2025.

6. After hearing the learned counsel for the parties at some length, Mr. Das, learned counsel for the petitioner has submitted that the petitioner is ready and willing to participate in the proceedings of PRC Case no. 1713/2023 by appearing in person before the Trial Court on 28.08.2025. He has further submitted that with such appearance, the petitioner also intends to file an application seeking his release on bail. He has made a limited prayer to the effect that in the event the petitioner appears on 28.08.2025 and submits an application seeking his release on bail before the Trial Court on 28.08.2025, the same shall be considered in accordance with law and on its own merit.

7. Having gone through the materials on record, this Court has not found any reason for the petitioner to seek setting aside and quashing of the proceedings of PRC Case no. 1713/2023 at this stage. Be that as it may, as the learned counsel for the petitioner has submitted that the petitioner will appear before the Trial Court on 28.08.2025 and made a limited prayer to the extent, mentioned above, it is observed that in the event the appears before the Trial Court on the next date of hearing, 28.08.2025, which is fixed for appearance of the petitioner, and prefers any application for bail, the Trial Court shall consider such application on its own merits in accordance with law.

8. With the above observations, the instant criminal petition is disposed of.