Page No.# 1/2 GAHC010023312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./133/2025 MD JIABUR RAHMAN S/O LATE HARIS ALI R/O VILL- PACHHIM BAGURI P.S.HOJAI DIST.HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SALEHA BEGUM W/O LATE HARIS ALI RESIDENT OF VILLAGE- PACCHIM BAGURI P.S. HOJAI DIST.HOJAI ASSA Advocate for the Petitioner : F K R AHMED, MRS. H THAKURIA Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 12.02.2025 Heard Mr. FKR Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam representing the State. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 challenging the orders passed by the learned SDJM (M), Hojai, Sankardev Nagar in PRC No.320/2022 directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner. 3. The petitioner was shown as an absconder in the charge sheet. The allegation brought against him is sessions triable. Therefore, the petitioner apprehends that if he appears before the learned SDJM (M), Hojai, he shall be remanded to custody as the said court does not have the jurisdiction to entertain his bail application. 4. Mr. Ahmed submits that the petitioner now wants to face the trial. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that he deserves to be given an opportunity to contest the case. Therefore, his application is allowed. All order(s) passed by the learned SDJM (M), Hojai, Sankardev Nagar in PRC No.320/2022 directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner are set aside. If any NBWA has been issued against him, shall be recalled. 7. The petitioner, namely- Md. Jiabur Rahman is directed to appear before the court below/trial court on or before 20.04.2025 and on his appearance before the learned SDJM (M), Hojai, Sankardev Nagar in connection with PRC No.320/2022, he shall allowed to go on bail of ₹20,000/- with a surety of like amount to the satisfaction of the said court [SDJM (M), Hojai]. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant