Page No.# 1/2 GAHC010075882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./430/2025 MD RAMEZ ALI AND ANR S/O MD. KITAB ALI R/O VILL-BHAKUWAMARI P.S. AND DIST. BARPETA, ASSAM 2: AMINUL HOQUE S/O MD. AHMED ALI R/O VILL-MADHYA BHAKUWAMARI P.S. AND DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N ISLAM,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.04.2025 Heard Mr. N Ahmed, the learned counsel appearing for the petitioners. Also heard Ms S.H. Borah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application filed under Section 528 of the BNSS, 2023 challenging the orders directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioners in respect of Sessions Case No. T2/30/2022. 3. The petitioners have been facing trial in the aforesaid case. During that period, they Page No.# 2/2 were arrested in another case. Therefore, they could not appear before the court of the learned Assistant Sessions Judge, Kokrajhar. For making default in appearance, the learned Assistant Sessions Judge, Kokrajhar directed issue of Non-Bailable Warrant of Arrest (NBWA) against them. 4. Mr. Ahmed submits that the petitioners could not appear before the trial court because they were arrested in another case. The petitioners now apprehend that if they appear before the court of the learned Assistant Sessions Judge, Kokrajhar, they will be remanded to custody. 5. I have considered the submissions made by the learned counsels of both sides. 6. The petitioners have been facing the trial in the court of the learned Assistant Sessions Judge, Kokrajhar. They have explained the reasons for which they could not appear before the trial court. 7. Therefore, this Court is of the opinion that the petitioners deserve to be given an opportunity to that effect. 8. Therefore, all orders directing issue of Non-Bailable Warrant of Arrest (NBWA) against the petitioners, namely, 1. Md. Ramez Ali & 2. Aminul Hoque in respect of Sessions Case No. T2/30/2022 are set aside. The warrant of arrest issued against the petitioners shall be recalled. 9. It is hereby directed that petitioners shall appear before the court of the learned Assistant Sessions Judge, Kokrajhar in respect of Sessions Case No. T2/30/2022 on 5th May, 2025. On their appearance, the petitioners, namely, 1. Md. Ramez Ali & 2. Aminul Hoque shall be released on fresh bail of ₹25,000/- each with sureties of like amount to the satisfaction of the learned Assistant Sessions Judge, Kokrajhar. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant