Page No.# 1/3 GAHC010145182025 2025:GAU-AS:8882 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./783/2025 ABDUL AWAL HOQUE ALIAS AWAL HUSSAIN S/O-LATE HAJI MOHAMMED ALI, R/O-VILL-SATSIA, KHAMAR, P. S. -LAKHIPUR, DISTRICT-GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:KASHMINARA BEGUM D/O-ABDUL KADER R/O-VILL-SIMLABARI (BAZAR) P. O. -SIMLABARI P. S. -LAKHIPUR DISTRICT-GOALPARA ASSAM PIN- 78333 Advocate for the Petitioner : MR. A RAHMAN, MR. N ALAM R K Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 30.06.2025 Heard Mr. A. Rahman, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 528 of the BNSS read with Article 227 of the Constitution of India, praying for quashing of the order dated 16.10.2021 and subsequent orders passed in G.R. Case No. 1126/2016. It is submitted by Mr. Rahman, learned counsel for the petitioner, that the petitioner was earlier granted bail; however, during the COVID-19 period, he could not appear before the learned Trial Court. Furthermore, there were restrictions on the functioning of the Court. After the reopening of the Court, a Non-Bailable Warrant of Arrest (NBWA) was issued against the petitioner on 16.10.2021. He further submits that the petitioner was not aware of the issuance of the NBWA against him and was unable to contact his engaged counsel, which led to his non-appearance before the learned Trial Court. However, he is now ready and willing to contest the case on each and every date fixed by the learned Trial Court. It is further submitted that as the NBWA has already been issued against the accused/petitioner, he may be arrested in connection with this case. Hence, by this petition, it is prayed that the order dated 16.10.2021 regarding issuance of the NBWA and subsequent orders thereto be quashed. On the other hand, Mr. Baishya, learned Additional Public Prosecutor, has Page No.# 3/3 submitted that the accused/petitioner has not appeared before the learned Trial Court or cooperated since the issuance of the NBWA. He further submits that appropriate directions may be issued to the accused/petitioner to appear before the learned Trial Court along with a proper application for bail. Considering the submissions made by the learned counsels for both sides, and also taking into account the order passed against the accused/petitioner, which has been annexed with the petition, I hereby direct the petitioner to appear before the learned Trial Court within 15 (fifteen) days from today and to file a fresh application for regular bail. Upon filing of such application, the learned Trial Court shall consider and dispose of the same in accordance with law. Till then, the execution of the NBWA dated 16.10.2021 issued against the petitioner shall remain stayed/suspended. With above observation, this criminal petition stands disposed of. JUDGE Comparing Assistant