Page No.# 1/3 GAHC010087802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./482/2025 AMINUL HOQUE S/O MD. AHMED ALI R/O VILL- MADHYA BHAKUWAMARI P.S. AND DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.04.2025 1. Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, challenging the order dated 14.07.2022 and subsequent orders passed by the learned Chief Judicial Magistrate, Morigaon in PRC Case No.1246/2019, directing issue of non-bilable warrant of arrest against the present petitioner Aminul Hoque. 3. The petitioner was facing trial in the aforesaid case and thereafter he was arrested in another case and for that matter he could not appeared in the Trial Court. 4. Accordingly the Trial Court directed issue of non-bailable warrant of arrest against the petitioner. 5. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial, therefore he should be given one opportunity to that effect. 6. I have considered the submissions made by learned counsel for both the sides. 7. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. 8. Therefore, the application filed by the petitioner is allowed. 9. All orders directing issue of non-bailable warrant of arrest issued against the present petitioner Aminul Hoque by the learned Chief Judicial Magistrate, Morigaon in PRC Case No.1246/2019 are set aside. 10. It is hereby directed that the petitioner Aminul Hoque shall appear before the Trial Court on 16.05.2025. 11. On his appearance, he shall be released on fresh bail of Rs.20,000/- with a Page No.# 3/3 surety of like amount to the satisfaction of the of learned Chief Judicial Magistrate, Morigaon, Assam. 12. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant