Page No.# 1/4 GAHC010058062025 2025:GAU-AS:3144 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./348/2025 SAMIR PURI S/O RANJIT PURI, A RESIDENT OF PHILLOBARI BORGAON P.O. AND P.S. PHILLOBARI, IN THE DISTRICT OF TINSUKIA, ASSAM, INDIA. VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:HIRNYA PATAR S/O UNKNOWN S.I. OF POLICE BIHPURIA LAKHIMPUR ASSA Advocate for the Petitioner : MR. P BOIRAGI, A TALUKDAR,MR G G GOGOI,MRS. B TALUKDAR,MR. S J SARMAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21.03.2025 Heard Mr. G. G. Gogoi, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application under Section 528 of the BNSS, 2023 praying for recalling of the Non-Bailable Warrant of Arrest issued against the petitioner vide impugned Order dated 24.02.2025, passed by the learned Sessions Judge, Lakhimpur, Assam in Sessions Case No. 169(NL)/2016, under Section 489(B)/34 of IPC, as well as for quashing the entire impugned proceeding thereof. It is submitted by Mr. Gogoi, learned counsel for the petitioner, that the present accuse/petitioner was regularly appearing before the learned Trial Court below. However, on 24.02.2025, he could not appear before the Court due to his illness and on his behalf, his engaged counsel also filed an application, but the learned Trial Court below did not consider his application with a view that on last 2 (two) occasions, i.e. on 08.01.2025 & 24.02.2025, the accused/petitioner remain absent on the ground of his illness. Further he submitted that admittedly the petitioner was supposed to file the medical documents before the learned Court below, but as his engaged counsel has received the documents only on the 2nd half of the Court working day, he could not produce the same before the Court and without any medical documents, the petition was filed and that was rejected issuing NBWA against him. However, the accused/petitioner is ready Page No.# 3/4 and willing to appear before the learned Session Judge on each and every date to be fixed by the Court if he is granted with some interim protection. Mr. Borthakur, learned Additional Public Prosecutor, submitted in this regard that considering the absence of the accused/petitioner on 2 (two) occasions on the same ground, the learned Session Judge had rejected the prayer and more so, the petition was also not supported with the medical documents. However, he submitted that one more chance may be given to the present petitioner to appear before the learned Session Judge. Considering the submissions made by the learned counsels for both sides, I have also perused the case record and the impugned Order dated 24.02.2025, passed by the learned Session Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 169(NL)/2016. It is seen that the learned Session Judge had made an observation that the present accused/petitioner remain absent on 2 (two) occasions, i.e. on 08.01.2025 & 24.02.2025, on the same ground of illness without supporting any medical documents. However, considering the entire aspects of the case, previous conduct of the accused/petitioner, I find that one more chance may be given to the present accused/petitioner to appear before the learned Trial Court. Accordingly, as submitted by the learned counsel for the petitioner, that the next date before the learned Trial Court below is fixed on 27.03.2025, the petitioner is hereby directed to appear before the learned Session Judge, Lakhimpur, North Lakhimpur on or before 27.03.2025 with an appropriate application for regular bail which may be considered in accordance with law. Page No.# 4/4 And, till then, the execution of NBWA, issued against the present petitioner vide Order dated 24.02.2025, shall remain stayed/suspended. With the above observation and direction, this criminal petition stands disposed of. JUDGE Comparing Assistant