Page No.# 1/3 GAHC010033622025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./227/2025 BAJI PEGU @ LILAKANTA PEGU S/O KAMAL PEGU RESIDENT OF CHESU DIGHALI VTC SESU DIGHALI GAON PO PIPALGURI SUB DISTRICT SISSIBARGAON DISTRICT DHEMAJI ASSAM, PIN-786110 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:HIRAWATI NARAH D/O SRI JANAKANTA NARAH RESIDENT OF GHABARI VILLAGE PO PIPALIGURI PS SILAPATHAR DISTRICT DHEMAJI PIN-786110 Advocate for the Petitioner : MR. A BARUAH, MR. J P MORE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 28.02.2025 1. Heard Mr. J.P. More, the learned counsel for the petitioner. Also heard Mr. D. Das, the learned Additional Public Prosecutor appearing for the State of Page No.# 2/3 Assam. 2. This application under Section 528 read with Section 442 of the BNSS, 2023 has been filed by the petitioner, namely, Baji Pegu @ Lilakanta, being aggrieved by the order dated 29.07.2024, passed by the learned Special Judge, Dhemaji in Sessions Case No. 104/2017, whereby, Non-Bailable Warrant of Arrest was issued against the present petitioner. 3. The learned counsel for the petitioner has submitted that the petitioner is facing a trial before the Court of the learned Special Judge, Dhemaji, in Sessions Case No. 104/2017 under Section 448/354/366-A/34 of the Indian Penal Code. 4. The learned counsel for the petitioner has submitted that the trial is nearing its completion and the prosecution witnesses have been examined. He also submits that even the examination of the petitioner under Section 313 of the Code of the Criminal Procedure, 1973 has also been done on 25.01.2024. 5. The learned counsel for the petitioner submits that the petitioner defaulted in appearing before the Trial Court as he was suffering from various ailments like URTI, CLD (chronic liver diseases). 6. He further submits that the petitioner is ready and willing to cooperate in the remaining part of the trial, as the trial is pending at the argument stage. 7. The learned counsel for the petitioner has submitted that in the meanwhile, by order dated 02.01.2025, the Trial Court has temporarily filed the Sessions Case No. 104/2017, due to the absence of the accused persons, including the petitioner. He, however, submits that the present petitioner is ready to appear in the Trial Court. However, he needs some interim protection to appear before the Trial Court, as Non-Bailable Warrant of Arrest has been issued against him. Page No.# 3/3 8. Considering the submissions made by the learned counsel for the petitioner, as well as considering the fact that the trial has fairly progressed and is nearing its culmination and the petitioner is willing to face the trial, this criminal petition is disposed of with a direction to the petitioner to appear before the Court of the learned Special Judge, Dhemaji within 15(fifteen) days, from the date of this order and cooperate in the trial. 9. In order to facilitate the appearance of the present petitioner before the Trial Court, the Non-Bailable Warrant of Arrest issued against him shall remain suspended for the next 15(fifteen) days. 10. With the above observations, this Criminal petition is disposed of. JUDGE Comparing Assistant