Page No.# 1/4 GAHC010172512025 2025:GAU-AS:10500 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./954/2025 SRI RAJU BORAH SON OF INDRA KANTA BORA, R/O MIKIR PAR URIA GAON, NEAR NAMGHAR, NONOI, NAGAON, ASSAM, PIN-782101. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D P BORAH, MR B PAUL,MR. T K BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 08.08.2025 Heard Mr. D.P. Borah, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam. 2. In a First Information Report [FIR] lodged on 22.05.2017 before the Officer In-Charge, Gorchuk Police Station by one Dilip Kalita, allegations were made that the informant’s friend, Page No.# 2/4 Dipen Kalita was seriously injured by a nos. of persons and snatched away valuables from them in an incident on 21.05.2017. The said FIR was registered as Gorchuk Police Station Case no. 200/2017 under Sections 431/325/384/34, Indian Penal Code [IPC]. In the course of investigation, the petitioner and two other accused persons, namely, Joydeep Das and Jalil Ali were arrested and they were forwarded to the Court of Chief Judicial Magistrate, Kamrup [M], Guwahati on 26.05.2017. On completion of the investigation, the charge-sheet in connection with Gorchuk Police Station Case no. 200/2017 was submitted by the Investigating Officer [I.O.] on 19.06.2017 vide Charge-Sheet no. 19/2017. Subsequently, all the three accused persons including the petitioner were allowed to go on bail of Rs. 10,000/- each with local surety of the like amount by an order dated 22.06.2017. The bail bonds were furnished on 29.06.2017 and the same were accepted. 3. After submission of charge-sheet, the proceedings of G.R. Case no. 6778/2017 [corresponding Gorchuk Police Station Case no. 200/2017] had started before the Court of Judicial Magistrate, First Class, Kamrup [M], Guwahati [‘the Trial Court’] with issuance of summons to the accused persons. On receipt of summons, other two accused persons appeared before the Trial Court. In so far as the Bailable Warrant of Arrest [BWA] issued against the petitioner, a report was placed on 04.02.2019 to the effect that BWA issued against the petitioner had returned with a report that the petitioner could not be traced at the given address. On the basis of the said report, the Trial Court ordered issuance of Non- Bailable Warrant of Arrest [NBWA] against the petitioner. By subsequent orders, the Trial Court issued NBWA against the petitioner. When the case was posted on 04.04.2025, the Trial Court directed the Officer In-Charge, Nagaon Police Station to appear in person before the Court to show cause as to why necessary action shall not be taken against him for non- execution of the NBWAs issued against the petitioner. The Court also ordered issuance of fresh NBWAs against the petitioner. 4. It is stated at the bar that the next date of the case is fixed on 15.09.2025. 5. The petitioner has projected that the summons issued by the Trial Court was never received by him. It is submitted by the petitioner that the occurrence of the incident was at Page No.# 3/4 Guwahati and subsequently, the petitioner shifted to his original residence at Nagaon. But at the Nagaon residence also, BWAs as well as NBWAs were never executed and he had no knowledge of the issuance of the same. Notwithstanding the same, the petitioner has now submitted that he is ready and willing to participate in the proceedings of G.R. Case no. 6778/2017 by submitting himself to the jurisdiction of the Trial Court. He has also undertaken that there will be no default in appearance on his part henceforth. 6. The FIR was lodged in the year 2017 and the Charge-Sheet was submitted also in the year 2017. The proceedings of G.R. Case no. 6778/2017 is pending before the Trial Court since then, wherein the other charge-sheeted accused persons are appearing. It is due to non-appearance of the petitioner, the proceedings of G.R. Case no. 6778/2017 has not proceeded further. 7. It is in the interest of all stakeholders including the prosecution, the witnesses and the accused persons, an expeditious conclusion of the proceedings of G.R. Case no. 6778/2017 is necessary. 8. Having regard to the projections made by the petitioner regarding non-service of summons and/or non-execution of BWAs and NBWAs and the undertaking given by the petitioner that he would submit to the jurisdiction of the Trial Court by appearing in person within the stipulated period of time, this Court is of the considered view that in the interest of justice, NBWAs issued against the petitioner can be kept in abeyance for a period of 15 [fifteen] days from today so that the petitioner can appear and submit to the jurisdiction of the Trial Court without the apprehension being taken into custody in execution of the NBWA issued against him in the meantime, to participate in the further proceedings of the G.R. Case no. 6778/2017. It is ordered accordingly. 9. The petitioner shall appear before the Trial Court within 15 [fifteen] days from today and during this 15 [fifteen] days period, the NBWAs issued against the petitioner shall be kept in abeyance. It is further observed that if the petitioner upon his appearance within 15 [fifteen] days, submits an application for bail, the Trial Court shall consider the same on its own merits and in accordance with law. Page No.# 4/4 10. The criminal petition is disposed in the afore-stated terms. No cost. JUDGE Comparing Assistant