Page No.# 1/3 GAHC010166182025 2025:GAU-AS:9873 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./911/2025 HAMIDUR ISLAM SON OF SHAJAHAN SK. @ SHAJAHAN ALI VILL- MANDERPARA P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM PIN-783128 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 31.07.2025 Heard Mr. A. Z. Ahmed, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam. 2. The petitioner has approached this Court by the instant criminal petition under Section Page No.# 2/3 528 Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 to assail an Order dated 10.06.2025, whereby, the learned Sessions Judge, South Salmara, Mankachar has issued Non Bailable Warrant of arrest against the petitioner. 3. It is stated that in Sessions Case no. 49/2023, the petitioner is facing the trial for a charge under 376[1], Indian Penal Code [IPC]. It is further stated that after the charge was framed on 27.02.2024 to which the petitioner pleaded not guilty, the trial proceeded to the stage of recording evidence. During the period subsequent to 27.02.2024, the petitioner was regularly present before the learned Sessions Court until 10.06.2025. 4. It is averred that on 26.03.2025, the petitioner was represented before the learned Sessions Court through his engaged learned counsel. As no witness turned up on that day, the case was posted on 10.06.2025 next for evidence. It is further stated that due to wrong diary entry of the case by the engaged learned counsel of the petitioner, the engaged learned counsel could not take steps on behalf of the petitioner on 10.06.2025. Overlooking the fact of regular presence of the petitioner on all earlier dates, the learned Sessions Judge on 10.06.2025 haa proceeded to issues Non-Bailable Warrant of Arrest [NBWA] to secure the appearance of the petitioner in the proceedings of Sessions Case no. 49/2023. 5. Mr. Ahmed, learned counsel for the petitioner has submitted that the petitioner is ready and willing to participate in the proceedings of Sessions Case no. 49/2023 henceforth, without any default. This Court is of the considered view that in the interest of justice of all the stakeholders for an expeditious conclusion of the trial the Non-Bailable Warrant of Arrest issued against the petitioner by the Order dated 10.06.2025 can be kept in abeyance for a period of 2 [two] weeks from today so as to enable the petitioner to appear and submit himself to the jurisdiction of the learned Trial Court in the further proceedings of the Sessions Case no. 49/2023, without the apprehension of him being taken into custody in execution of the NBWA already issued against him. 6. Accordingly, it is ordered that the petitioner shall appear before the learned Sessions Court within a period of 2 [two] weeks from today and during the said period, the NBWA issued vide Order dated 10.06.2025 shall be kept in abeyance. It is further observed that if Page No.# 3/3 the petitioner upon his appearance on the next date, which is fixed on 02.08.2025, submitted an application for bail, the learned Sessions Court while considering the prayer for bail shall take into consideration the regular presence of the petitioner before it on dates earlier to 10.06.2025. 7. With the above observation and direction, the criminal petition is disposed of. No cost. JUDGE Comparing Assistant