Page No.# 1/3 GAHC010019292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./105/2025 SALIM AHMED BORLASKAR S/O MD. MAKMAD ALI BORLASKAR R/O DURGANAGAR PART-IV, CACHAR, UDARBOND, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY LD PP, ASSAM 2:SUDHIR DEVNATH S/O SRI RABINDRA DEVNATH R/O VILL-SIYALKHATY P.S. SIYALKHATY DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR. R CHETRI, MR N MILI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 10.02.2025 Heard Mr. R. Chetri, the learned counsel appearing for the petitioner. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam 2. This is an application under Section 528 of the BNSS, 2023 read with Section 438, 442 of the BNSS, 2023 challenging the order dated 18.03.2021 and the subsequent orders passed by the Judicial Magistrate First Class, Kamrup (M), Assam in connection with PRC No.13532 of 2015 directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner. 3. Earlier, the present petitioner was working within the jurisdiction of this Court. Subsequently, he was transferred to Jamshedpur. He is an employee of the Indian Air Force. Since he was transferred to Jamshedpur, he lost contact with his lawyer and therefore, he could not appear in the trial court on subsequent dates. For this reason, NBWA was directed to be issued against him. 4. Since, the petitioner is willing to appear before the trial court to face the trial, therefore, he should he given an opportunity to that effect. 5. I have considered the submissions made the learned counsel of both sides. 6. In view of the above, this Court is of the opinion that under the given circumstance, the petitioner deserves to be given one opportunity to contest the case. Therefore, the impugned order dated 18.03.2021 and the subsequent orders passed by the Judicial Magistrate First Class, Kamrup (M), Assam in connection with PRC No.13532 of 2015 directing issue of Non-Bailable Warrant of Arrest (NBWA) against Page No.# 3/3 him is set aside. If any NBWA has been issued against him, shall be recalled. 7. The petitioner, namely- Salim Ahmed Borklaskar is directed to appear before the court below/trial court on or before 24.04.2025 in respect of PRC No.13532 of 2015. On his appearance, he shall be released on furnishing bail of ₹20,000/- with one surety of like amount to the satisfaction of the trial court. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant