Page No.# 1/2 GAHC010078882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./461/2025 MD NAJRUL ISLAM @ MD NOJRAL ISLAM S/O ABDUL SIDDIQUE R/O VILL-RANGLOO GAON, P.S.KAMPUR, P.O.JUMARMUR, DIST.NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 23.04.2025 Heard Mr. K. Boruah, the learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam representing the State. 2. This is an application under Section 528 read with Sections 438/442 of the BNSS, 2023 in respect of Sessions Case No.30(N)/2023 pending in the court of Additional Page No.# 2/2 Sessions Judge No.4 (FTC), Nagaon, Assam. 3. The petitioner Md. Najrul Islam @ Md. Nojral Islam is facing trial in a case under Section 366 of the IPC. He defaulted in appearance. Therefore, the trial court issued Non-bailable Warrant of Arrest (NBWA) against him. 4. The petitioner submits that because of loss of communication with his lawyer, the learned trial court had issued NBWA against him. The petitioner further submits that he wants to contest the case. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that he deserves to be given an opportunity to contest the case. 7. Therefore, all orders passed by the learned Additional Sessions Judge No.4 (FTC), Nagaon, Assam in Sessions Case No.30(N)/2023 issuing NBWA against the present petitioner Md. Najrul Islam @ Md. Nojral Islam are set aside. The Warrant of Arrest if issued shall be recalled. 8. The petitioner Md. Najrul Islam @ Md. Nojral Islam is directed to appear before the court below/trial court tomorrow i.e. 24.04.2025 in respect of Sessions Case No.30(N)/2023 pending in the court of Additional Sessions Judge No.4 (FTC), Nagaon, Assam. On his appearance, he shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the said court [Additional Sessions Judge No.4 (FTC), Nagaon, Assam]. With the above direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant