Page No.# 1/2 GAHC040006002025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/38/2025 Smti Abida Begum Wife of Shri Hatim Ali, presently residing at A Sector, Naharlagun, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh and permanent resident of Ahmedpur Block No.2, PO Laluk, PS Islampur, Lakhimpur District, Assam VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Mitem Ratan, B Tagia,T Gameh Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 11-04-2025 Heard Mr. T. Gameh, learned counsel for the applicant. Also heard Mr. T. Ete, learned Additional Public Proseuctor for the State. 2. This application under Section 528 of the BNSS, 2023, has been filed on behalf of the accused, namely, Shri Asadul Ali, praying for modification of the order dated 09.04.2025, passed by this Court in Criminal Petition No. 70/2025. Page No.# 2/2 3. The learned counsel for the accused has stated that this Court, vide order dated 09.04.2025, had quashed the Non Bailable Warrant of Arrest (NBWA) issued against the present accused and therefore, he had filed an application before the learned Special Judge (NDPS), Yupia on 10.04.2025, praying for release of the accused person, and to allow him to remain on his previous bail granted on 30.10.2024. However, it is stated that the learned Special Judge (NDPS), Yupia has refused to entertain his application, and the same was rejected on the same day and the application was not even entertained. The applicant has, therefore, claimed that the order dated 09.04.2025 may be modified, to the extent that the learned Special Judge (NDPS), Yupia, may be directed to release the accused person, and to allow him to remain on his previous bail. 4. The learned Additional Public Prosecutor appears for the State respondents and has no objection to the said prayer. 5. At the outset, it is made clear that the quashing of Non Bailable Warrant of Arrest (NBWA) issued against the accused would mean that the accused is to be released immediately. However, it appears that the learned Special Judge (NDPS), Yupia has misunderstood the direction of this Court and the import of quashing of the Non Bailable Warrant of Arrest (NBWA). 6. Accordingly, the learned Special Judge (NDPS), Yupia is directed to release the accused Shri Asadul Ali, forthwith and to allow him to remain on the previous bail granted on 30.10.2024, if the accused is not wanted in any other case. 7. With the above modification, the interlocutory application stands disposed of. JUDGE Comparing Assistant