Page No.# 1/4 GAHC010176822025 2025:GAU-AS:10666 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./969/2025 AFZAL MONDAL S/O- FORIZUL HAQUE MONDAL, R/O- VILL.- PANBARI (HAJARIJHORA), P.S.-GOURIPUR, DIST.-DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MAJOR VIKRANT SHARMA S/O- MR. KISHOR SHARMA OF 6/5 GR (FF) ARMY CAMP TULUNGIA NORTH SALMARA BRAVO COMPANY C/O 99 APO ABHAYAPURI DIST.- BONGAIGAON ASSA Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Page No.# 2/4 12.08.2025 Heard Mr. M.I. Hussain, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. 2. The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred seeking setting aside and/or quashing of Orders, dated 07.04.2025 and dated 31.05.2025, passed by the Court of learned Additional Sessions Judge [FTC], North Salmara, Abhayapuri [‘the Trial Court’] in the course of proceedings of Sessions Case no. 100[A]/2017. 3. It has emerged from the materials on record that on 19.12.2025, one Major Vikrant Sharma lodged a First Information Report [FIR] before the Officer In-Charge, Abhayapuri Police Station alleging inter-alia that a vehicle bearing Registration no. AS-01-BK/4743 was intercepted on suspicion that there were militants inside it. During checking, one pistol with three live rounds of ammunition and one revolver with one live round of ammunition were recovered apart from five nos. of mobile phones. Four nos. of accused persons including the present petitioner, who were occupants, were apprehended on suspicion that they were militants belonging to an organisation, MTFA. On the basis of the said FIR, the Officer In- Charge, Abhayapuri Police Station registered a case, Abhayapuri Police Station Case no. 368/2015 under Section 25[1-A] of Arms Act. 4. After completion of investigation, the Investigating Officer [I.O.] of the case submitted a charge-sheet vide Charge-Sheet no. 63/2016 on 29.05.2016 against all the four accused persons who were apprehended on 19.12.2025 finding sufficient materials for committing them the offence under Section 25[1-A] of Arms Act. After submission of the Charge-Sheet, the case has been registered as Sessions Case no. 100[A]/2017 before the Court of Sessions Judge, Bongaigaon. On 15.05.2018, a charge under Section 25[1-A] of Arms Act was framed against accused persons including the petitioner. When the charge was read over and explained to the accused persons, they pleaded not guilty and claimed to be tried and as a result, the case proceeded to the stage of trial. Page No.# 3/4 5. The petitioner has stated that in the subsequent stage, the petitioner appeared in the proceedings of Sessions Case no. 100[A]/2017 through his engaged counsel. However, on two occasions, that is, on 07.04.2025 and 31.05.2025, the petitioner could not be present in person before the Trial Court. It is further submitted that due to miscommunication with his engaged counsel, the petitioner’s engaged counsel also did not appear in the Court on those dates and as a result, the Trial Court recording absence of the petitioner in the proceedings, ordered for issuance of Non-Bailable Warrant of Arrest [NBWAs]. The learned counsel for the petitioner has submitted that the petitioner is ready and willing to participate in the proceedings of Sessions Case no. 100[A]/2017 henceforth, without any default on the dates of hearing. 6. It is without doubt that it will be in the interests of all stakeholders including the prosecution, the witnesses and the accused persons, an expeditious conclusion of the proceedings of Sessions Case no. 100[A]/2017 is necessary. 7. Having regard to the projections made and the reasons assigned by the petitioner regarding his non-appearance on those dates; 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 and there would not be any further default in appearance without any valid reason; this Court is of the considered view that in the interest of justice, the NBWAs issued against the petitioner can be kept in abeyance for the period upto 28.08.2025, that is, the next date of hearing of the case so that the petitioner can appear and submit to the jurisdiction of the learned Trial Court without the apprehension being taken into custody in execution of the NBWAs issued against him, to participate in the further proceedings of the Sessions Case no. 100[A]/2017. 8. Accordingly, it is ordered that the petitioner shall appear before the Trial Court on 28.08.2025 and during the period upto 28.08.2025, the Non-Bailable Warrants of Arrest [NBWAs] issued against the petitioner by Orders, dated 07.04.2025 and dated 31.05.2025, shall be kept in abeyance. It is further observed that if the petitioner upon his appearance on the next date, which is fixed on 28.08.2025, submits an application for bail, the Trial Court Page No.# 4/4 shall consider the same on its own merits and in accordance with law. 9. The criminal petition is disposed in the afore-stated terms. No cost. JUDGE Comparing Assistant