Page No.# 1/3 GAHC010152282025 2025:GAU-AS:9489 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./851/2025 SHAHID ALI S/O. MEHER ALI, VILL.- KAMALABARI, P.S.- SARTHEBARI, DIST.- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:ANIL KR. PATHAK ASSTT. SUB - INSPECTOR OF POLICE TARABARI POLICE STATION S/O.- BUDARU PATHAK VILL.- MANDIA P.S.- BAGHBAR DIST.- BARPETA ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANISH CHOUDHURY ORDER 23.07.2025 Heard Mr. R. Ali, the learned counsel for the petitioner and Mr. M.P. Goswami, the learned Additional Public Prosecutor for the respondent/State. Page No.# 2/3 2. The facts leading to the institution of the instant criminal petition under Section 528 of the BNSS, can be stated, in brief, as follows: 2.1. On the basis of an FIR lodged on 26.12.2017, a case, Tarabari Police Station Case no. 346/2017 was registered for the offence under Section 399 of the Indian Penal Code. During the course of investigation of the said case, the petitioner was arrested on 26.12.2017, and subsequently, the petitioner was released on bail on 14.03.2018. On completion of investigation, a charge sheet was submitted in connection with Tarabari Police Station Case no. 346/2017, on 31.03.2018, against the petitioner as the sole charge sheeted accused person, having found sufficient materials for committing the offence under Section 399, IPC. On submission of charge sheet, the Court of Judicial Magistrate, First Class, Barpeta [‘the Trial Court’], took cognizance of the offence under Section 399, IPC, in PRC Case no. 338/2020, which arose out of Tarabari Police Station Case no. 346/2017, and issued process [summons] to the petitioner for his appearance to stand in the trial. The learned Trial Court had, thereafter, ordered for issuance of non-bailable warrant of arrest [NBWA] against the petitioner on 26.03.2021. 2.2. On 01.10.2022, the petitioner appeared before the learned Trial Court and made an application to recall the NBWA issued against him and to allow him to remain on previous bail. The learned Trial Court, vide order dated 01.10.2022, was pleased to allow the petitioner to go on previous bail. 2.3. Subsequently, due to default on the part of the petitioner to appear in the trial before the Trial Court, the learned trial Court issued bailable warrant of arrest at first, and subsequently, non-bailable warrant of arrest [NBWA]. By order dated 31.08.2024, the learned trial Court issued NBWA and order for proclamation and attachment. The process of proclamation and attachment have not yet reached finality. However, the NBWA issued against the petitioner has remained in force having not been executed. 3. The petitioner has submitted that the petitioner is ready and willing to participate in the trial Court, and because of apprehension arising out of the currency of the NBWA issued against him, he has not appeared before the learned trial Court, till date. Page No.# 3/3 4. The petitioner has also raised a contention that for an offence under Section 399, IPC, at least 5 (five) persons should have been charge-sheeted and as such, a charge under Section 399, IPC would not be maintainable. 5. As the trial before the Court of learned Judicial Magistrate First Class, Barpeta is pending since 02.03.2020, this Court is of the considered view that an expeditious conclusion of trial is called for. As the petitioner is ready and willing to participate in the trial, this Court is also of the considered view that the petitioner shall appear before the learned trial Court, on or before 01.08.2025. For securing the ends of justice, it is provided that till 01.08.2025, the non-bailable warrant of arrest [NBWA] issued against the petitioner, shall remain suspended. 6. It is further observed that in the event, the petitioner appears before the learned Trial Court and submits an application for his bail, the learned Trial Court shall consider the same on its own merits and in accordance with law. It is further made clear that in the event the petitioner does not appear before the Trial Court on or before 01.08.2025, the suspension of the non-bailable warrant of arrest [NBWA] would cease. 7. In view of the above observations and directions, the instant criminal petition stands disposed of. JUDGE Comparing Assistant