Page No.# 1/2 GAHC010000032025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./4/2025 PUNESWAR GOGOI S/O LATE BIPIN GOGOI VILL- KACHUPATHA P.O. DISANGPANI P.S. MORANHAT DIST. CHARAIDEO, ASSAM PIN-785689 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR A BASUMATARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.01.2025 Heard Mr. NJ. Dutta, learned counsel appearing for the petitioner and Mr. D.Das, learned Additional Public Prosecutor for the state of Assam. 2. This is an application under Section 528 of the BNSS, 2023 challenging the impugned Page No.# 2/2 orders dated 04.10.2024 and 18.11.2024 passed by the learned Sessions Judge, Charaideo in Sessions Case No. 150(S-C)/2017. 3. The petitioner is facing trial before the learned court below. Earlier he was appearing in the court regularly, but subsequently because of miscommunication with his lawyer, he could not appear before the court. Therefore, on 04.10.2024, the trial court directed issue of non-bailable warrant of arrest against the petitioner. 4. The learned counsel for the petitioner has submitted that the petitioner is interested in facing the trial to prove his innocence. 5. I have considered the submissions made by the learned counsels of both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to face the trial. 7. Accordingly, the impugned dated 04.10.2024 and 18.11.2024 passed by the learned Sessions Judge, Charaideo in Sessions Case No. 150(S-C)/2017 are set aside. 8. The petitioner shall be allowed to remain on previous bail. The petitioner shall keep appearing regularly before the trial court. If the petitioner does not appear before the trial court, the court shall be at liberty to procure his attendance. 9. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant