Page No.# 1/3 GAHC010026402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./155/2025 BAPPA GHOSH S/O SRI RANJIT GHOSH, R/O VILLAGE- TINMILE, P.S TEZPUR, DISTRICT SONITPUR, PIN 784501, ASSAM VERSUS THE STATE OF ASSAM BEING REPRESENTED BY THE PP, GOVERNMENT OF ASSAM Advocate for the Petitioner : MR. A R SHOME, MR B PUSHILAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 24.02.2025 1. Heard Mr. S. K. Singh, the learned senior counsel assisted by Mr. B. Pushilal, the learned counsel for the petitioner. Also heard the learned Additional Public Prosecutor for the State. 2. This application under Section 528 of BNSS 2023 has been filed by the petitioner, who is aggrieved by the order dated 19.11.2024 and 07.01.2025, Page No.# 2/3 passed by the Court of learned Chief Judicial Magistrate, Sonitpur, in PRC Case No. 2215/2022, whereby a non-bailable warrant of arrest has been issued against the present petitioner. 3. The learned senior counsel for the petitioner has submitted that the petitioner is facing a trial under Section 367/34 of the Indian Penal Code, along with other co-accused, in PRC Case No. 2215/2022, before the Trial Court. He submits that the aforesaid PRC Case was fixed on 19.11.2024 for appearance. However, the petitioner could not appear on that day, due to his illness. The learned senior counsel for the petitioner submits that though, the engaged counsel for the petitioner had move an application mentioning the reasons for the absence of the petitioner, the said petition was rejected by the Trial Court and the non-bailable warrant of arrest were issued against the present petitioner. 4. The learned senior counsel for the petitioner has submitted that the petitioner was prevented by genuine reasons from appearing before the Trial Court on the date when the non-bailable warrant was issued against him. He submits that the next date of the PRC Case No. 2215/2022 is fixed on 06.03.2025 and the petitioner is ready and willing to face the trial. 5. However, as the non-bailable warrant of arrest has already been issued against him, the petitioner is seeking some protection so as to facilitate his appearance before the Trial Court on the next date fixed. 6. I have considered the submissions made by the counsel for both the sides and have gone through the records. 7. As the petitioner is ready and willing to face the trial and as there appears to be a genuine cause for his default before the Trial Court on 19.11.2024, this criminal petition is disposed of with a direction to the petitioner Page No.# 3/3 to appear before the Court of learned Chief Judicial Magistrate, Sonitpur on the next date fixed, i.e., on 06.03.2025. 8. On such appearance, he may make any prayer for seeking any relief to which he is legally entitled to. 9. As the offence involved in this case entails punishment up to maximum of 10 years, there is no bar on the part of the committal Court to grant bail in such case even though the case is exclusively triable by the Court of Session. 10. To facilitate his appearance before the said Court, the operation of non- bailable warrant of arrest issued against him shall remain suspended till 06.03.2025. 11. With the above observation, this criminal petition is disposed of. JUDGE Comparing Assistant