Page No.# 1/2 GAHC010026662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./134/2025 ABDUL HAMID S/O LATE ABDUL GANI, RESIDENT OF VILLAGE- SALPARA, P.S. JURIA, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:MD JAKIR HUSSAIN S/O LATE KHURSHED R/O VILLAGE- BORKOBEL GAON P.S. LAHORIGHAT DIST- MORIGAON ASSA Advocate for the Petitioner : MD. A J ATIA, MS J MARIYAM,MS A H ATIA Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 12.02.2025 Heard Md. A.J. Atia, 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 read with Article 227 of the Constitution of India, 2023 challenging the order(s) directing issue of Non- Bailable Warrant of Arrest (NBWA) and P&A against the present petitioner by the learned Chief Judicial Magistrate, Biswanath in respect of PRC No.59/2018. 3. The present petitioner is an accused in a charge sheet and the allegation against him is sessions triable offence. Earlier he was on bail. He has received the summons from the court of learned CJM, Biswanath. But, he had not appeared before the court below because the petitioner apprehends that whenever he will appear before the court of CJM, Biswanath, he will be remanded to custody as the said court does not have the jurisdiction to entertain his bail application. 4. Mr. Atia submits that the petitioner now is willing 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) directing issue of Non-Bailable Warrant of Arrest (NBWA) as well as P&A by the CJM, Biswanath in respect of PRC No.59/2018 against the present petitioner are set aside. 7. The petitioner Abdul Hamid is directed to appear before the court below/trial court (CJM, Biswanath) on 10.03.2025 and on his appearance before the learned CJM, Biswanath in respect of PRC No.59/2018, he shall allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the said court i.e. CJM, Biswanath. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant