Page No.# 1/2 GAHC010097202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./547/2025 SADDAM HOQUE @ SADDAM ALI S/O- SIRAJ MIYA. R/O- VILL- JOGIRPAM, P.S- BARPETA, DIST.- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM 2:FARIDUL KHAN S/O- JAMIR UDDIN. VILL- DANAKUCHI P.S.- BARPETA. DIST.- BARPETA ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.05.2025 Heard the learned counsel Mr. S Munir appearing for the petitioner. Also heard Page No.# 2/2 Mr.B Sarma, the learned Public Prosecutor appearing for the State of Assam. 2. This is an application u/s 528 of the BNSS, 2023 in respect of Special (POCSO) Case No. 140/2023 pending in the court of the learned Additional Sessions Judge- cum-Special Judge (POCSO), Barpeta. 3. The present petitioner has been shown as absconder in the charge-sheet and therefore, on several occasions, the learned trial court issued Bailable Warrant of Arrest (BWA) against him. Therefore, he apprehends that if he appears before the trial court, he will be remanded to custody. Therefore, he prays that he should be given an opportunity to that effect. 4. The prayer of the petitioner is allowed. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to that effect. Therefore, his petition is allowed. 7. In view of the above, the orders passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Barpeta in respect of Special (POCSO) Case No. 140/2023 directing issue of BWA against the petitioner Saddam Hoque @ Saddam Ali are set aside. 8. It is hereby directed that the petitioner Saddam Hoque @ Saddam Ali shall appear before the court of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Barpeta on or before 21.05.2025 in respect of Special (POCSO) Case No. 140/2023. On his appearance, the petitioner Saddam Hoque @ Saddam Ali shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned trial court. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant