Page No.# 1/5 GAHC010107992025 2025:GAU-AS:6459 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./586/2025 MD AJIJUL HOQUE ALIAS AJIJUL HOQUE AND ANR. S/O ABDUL KHALEK R/O VILL- SATAKHAPARI DALANI BOHA PAHAR, P.S. MAYONG DIST. MORIGAON, ASSAM PHONE NO. 9864383578 2: MD. ISMAIL HUSSAIN S/O ABDUL RAHIM R/O VILL- SATAKHAPARI DALANI BOHA PAHAR P.S. MAYONG DIST. MORIGAON ASSAM PHONE NO. 986438357 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSM 2:SRI AKSHAY SARKAR S/O LT. ANUDA SARKAR R/O VILL- HALANI P.S.MAYONG DIST. MORIGAON ASSA Advocate for the Petitioner : MR. A BARUAH, MR. J P MORE Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 22-05-2025 Heard Mr. A. Baruah, learned counsel for the petitioners and Mr. K. K. Das, learned Additional Public Prosecutor, Assam. 2. The petitioners, namely, (i) Md. Aijul Hoque @ Ajijul Hoque, son of Abdul Khalek and (ii) Md. Ismail Hussain, son of Abdul Rahim, both residents of Village- Satakhapari Dalani Boha Pahar, Police Station-Mayong, District-Morigaon, Assam have filed this application on 20.05.2025 under Section 528 BNSS, 2023, praying amongst others, to enlarge them on bail by recalling the order dated 27.03.2025, whereby Non- Bailable Warrant of Arrests (NBWAs) were issued against them in connection with PRC No.112/2023 under Sections 380/34 IPC, read with Section 13(1) of the Assam Cattle Preservation (Amendment) Act, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021, presently pending before the Court of learned Additional Chief Judicial Magistrate, Morigaon, Assam. 3. After completion of investigation, police submitted the Charge-Sheet on 30.12.2024 in said Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021 under Sections 380/34 IPC, read with Section 13(1) of the Assam Cattle Preservation (Amendment) Act vide Charge-Sheet No.123/2022, against the petitioners along with six others. 4. After submission of Charge-Sheet on 30.12.2022 in said Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021, the same has been re-registered as PRC No. 112/2023 and the case is presently pending before the learned Additional Chief Judicial Magistrate, Morigaon, Assam. 5. After taking cognizance of the offences under Sections 380/34 IPC, read with Section 13(1) of the Assam Cattle Preservation (Amendment) Act, the learned Page No.# 3/5 Magistrate issued summons to the accused petitioners. But, inspite of receipt of summons, as the accused petitioners did not appear before the said Magistrate, order of NBWAs has been issued against both the petitioners. 6. It is submitted by the petitioners that they are willing to appear before the learned Additional CJM, Morigaon in said PRC No. 112/2023 and that the next date of said PRC No.112/2023 is fixed on 26.05.2025. 7. It is also submitted on behalf of the petitioners that as the order of NBWAs issued against both the petitioners are in force, they are of the apprehension that if they appear before the Court of learned Additional CJM, Morigaon on 26.05.2025 in said PRC No. 112/2023, they may be apprehended and detained in custody. 8. After hearing the learned counsels for the parties and considering the materials in the record, both the petitioners, (i) Md. Aijul Hoque @ Ajijul Hoque and (ii) Md. Ismail Hussain, are directed to appear before the learned Additional CJM, Morigaon in said PRC No.112/2023, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021 on 26.05.2025 and to file appropriate application for recalling the order dated 27.03.2025, whereby NBWAs were issued against them and also for bail. 9. In the event of appearing before the Court of learned Additional CJM, Morigaon on 26.05.2025 in said PRC No.112/2023, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021 and in the event of filing any such appropriate application by the petitioners individually and/or jointly for recalling the order of NBWAs issued vide order dated 27.03.2025 in said PRC No.112/2023, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021 and also for bail, the learned Additional CJM, Morigaon shall consider such applications of the petitioners in accordance with law. 10. While considering the bail applications of the petitioners, if any, in said PRC No.112/2023, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. Page No.# 4/5 No.1925/2021, the learned Additional CJM, Morigaon shall pass any such order as it deems fit and proper securing the presence of the petitioners, named above, in said PRC No.112/2023, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021, on the dates fixed and during trial till conclusion of said PRC No.112/2023, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021. 11. To facilitate the petitioners to appear before the Court of learned Additional CJM, Morigaon on 26.05.2025 in said PRC No.112/2023, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021, it is directed that the NBWAs issued vide order dated 27.03.2025 against the petitioners in said PRC No.112/2023, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021 shall not be given effect to. 12. However, if the petitioners failed to appear before the Court of learned Additional CJM, Morigaon on 26.05.2025 and thereafter, in said PRC No.112/2023, arising out of Mayong P.S. Case No.103/2021, corresponding to G.R. No.1925/2021, the learned Additional CJM, Morigaon shall be at liberty to pass any such order, as it deems fit and proper for the appearance of the petitioners in said PRC Case. 13. It is made clear that the interim protection granted to the petitioners, noted above, is only up to 26.05.2025 and it shall not be extended beyond the said period, i.e., 26.05.2025, considering the fact that this order has been passed in presence of the learned counsel for the petitioners. 14. With the above observations and directions, this Criminal Petition stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant