Page No.# 1/3 GAHC010101422025 2025:GAU-AS:9144 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./698/2025 MD MUBARAK ALI AND ANR S/O SAMSUDDIN @ PAINA R/O IVLL- DABLONG ATI P.S. KACHUA DIST. NAGAON, ASSAM 2: ZIABUR RAHMAN S/O SAIDUR RAHMAN VILL- BANDURA ATI P.S. KASUA DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM AND 2 ORS. REP BY THE PP, ASSAM 2:KARENG ENGLINGPI W/O ASERALI TIRSO R/O VILL- DELIMBARI CHINANI P.S. BOITHALANGASO DIST. KARBI ANGLONG ASSAM 3:MINA TIRSOPI @ MINA KHATUN D/O ASERALI TIRSO R/O VILL- DELIMBARI CHINANI P.S. BOITHALANGASO DIST. KARBI ANGLONG ASSA Page No.# 2/3 Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16.07.2025 1. Heard Mr. M. H. Ahmed, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the orders dated 13.11.2024 and 13.02.2025 issuing non-bailable warrant of arrest against the petitioners. 3. The petitioners, Md. Mubarak Ali and Ziabur Rahman were facing trial in Sessions Case No.95/2023 (T-II), pending in the Court of the learned Sessions Judge, West Karbi Anglong, Hamren, thereafter they went to Kerela for search of work, therefore, they could not appear before the Trial Court and for that matter the Trial Court issued of non-bailalble warrant of arrest against them. 4. The petitioners have submitted that they now want to contest the case and, therefore, they should to be given some opportunity to that effect. 5. I have considered the submissions made by learned counsel for both the sides, since the petitioners are interested in facing the trial, they deserves to be given some opportunity to that effect. 6. Therefore, all orders directing issue of non-bailable warrant of arrest against Page No.# 3/3 the present petitioners, Md. Mubarak Ali and Ziabur Rahman by the learned Sessions Judge, West Karbi Anglong, Hamren in Sessions Case No.95/2023 (T-II) are set aside. 7. Both the petitioners are directed to appear before the Trial Court of learned Sessions Judge, West Karbi Anglong, Hamren within next 10(ten) days from today, on their appearance, the petitioners, Md. Mubarak Ali and Ziabur Rahman shall be released on fresh bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the learned Sessions Judge, West Karbi Anglong, Hamren. 8. With the aforesaid direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant