Page No.# 1/3 GAHC010216522024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1331/2024 T. RAJIB SINGH S/O SRI T. KIRAN SINGH VILL- THANGMEIBAND YUMNAM LEIKAI P.S. LAMPHEL, IMPHAL WEST, MANIPUR. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R SEKHAR, B SONOWAL,MR. B D CHOWDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16.05.2025 1. Heard Mr. R. Sekhar, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for setting aside the Order dated 21.08.2024, passed by the learned Judicial Magistrate First Class, Bokajan in G.R. Case No.723/2012. 3. The petitioner was facing trial before the Court below, he belongs to the State of Manipur, and therefore on some occasions he could not be appeared before the Trial Court for that matter the Trial Court directed issue of bailable warrant of arrest against him. 4. Thereafter, on 21.08.2024, the Trial Court held that the petitioner was avoiding the trial and there was no immediate possibility of his appearance. 5. Accordingly, the proceeding was kept filed till the execution of the warrant of arrest. 6. I have considered the submissions made by learned counsel for both the sides. 7. This Court is of the opinion that the petitioner has satisfactorily explained the reasons for his absence in the Trial Court. 8. Therefore the impugned Order is set aside. Page No.# 3/3 9. The warrant of arrest issued against the present petitioner Sri. T. Rajib Singh shall be recalled. 10. The petitioner Sri. T. Rajib Singh is directed to appear before the Trial Court within next 15 days from today. 11. On his appearance, he shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Bokajan in G.R. Case No.723/2012. 12. Therefore, the Criminal Petition stands disposed of. JUDGE Comparing Assistant