Page No.# 1/3 GAHC010279452024 2025:GAU-AS:842 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1607/2024 PANKAJ GOGOI S/O LATE HEMO GOGOI, R/O JOYSAGAR, THAKURPARA, P.O.-JOYSAGAR, P.S.-SIVASAGAR, DIST- SIVASAGAR, ASSAM, PIN-785665 VERSUS DHIREN GOGOI AND ANR S/O LATE MAHENDRA NATH GOGOI, R/O CHEREKAPAR HATIMURIA NEAR HOLY NAME SCHOOL, P.O./P.S.-SIVASAGAR, DIST- SIVASAGAR, ASSAM, PIN-785640 2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSA Advocate for the Petitioner : MR. M AHMED, MR. M M ZAMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27.01.2025 Heard Mr. M. M. Zaman, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This criminal petition under Section 528 of BNSS, 2023 has been filed praying for setting aside and recalling the order dated 18.09.2024, passed by the learned Chief Judicial Magistrate, Sivasagar in N.I. Case No. 40/2024, whereby the NBWA was issued against the petitioner. As per Office Note dated 23.01.2025, it is seen that neither A/D Card nor unserved notice has been received by the Registry till date. It is submitted by Mr. Zaman, learned counsel for the petitioner, that in pursuant to the order of this Court dated 03.01.2025, the petitioner was granted with conditional bail by the learned Trial Court below vide order dated 08.01.2025 and the petitioner accordingly produced the surety in terms of the said order of bail. He further submitted that the BWA & NBWA was issued only to procure the attendance of the present petitioner and at present, the petitioner is regularly appearing before the learned Trial Court below and the next date is fixed on 01.02.2025. Accordingly, he submitted that the direction may be given to the learned Trial Court below to make the conditional bail absolute. Page No.# 3/3 Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that as the service is still awaited, appropriate order may be passed after the service of notice on respondent No. 2 is completed. Considering the submissions made by the learned counsels for both sides and also considering the facts and circumstances of this case, conduct of the accused/petitioner and further considering the fact that the petitioner has already been granted with conditional bail by the learned Trial Court below, I hereby dispose of this criminal petition with a direction to the learned Trial Court below to pass necessary order to make the conditional bail granted to the petitioner vide its order dated 08.01.2025 as absolute. Further, the petitioner is also hereby directed to regularly appear before the learned Trial Court below on each and every date to be fixed by the learned Trial Court below. In terms of above, this criminal petition stands dispose of. JUDGE Comparing Assistant