Page No.# 1/3 GAHC010058992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./403/2025 GIYAS UDDIN AND ANR. S/O HABIBUR RAHMAN R/O DAKSHIN DEBOSTHAN, P.O.DEOSTHAN BAZAR, P.S. MURAJHAR, DIST. HOJAI, ASSAM, PIN-782481 2: SAB UDDIN S/O HABIBUR RAHMAN R/O DAKHIN DEBOSTHAN P.O.DEBOSTHAN BAZAR P.S. MURAJHAR DIST. HOJAI ASSAM PIN-782481 VERSUS THE STATE OF ASSAM ANR REP BY THE PP, ASSAM 2:MUSSTT ANUWARA BEGUM W/O KHALILUR RAHMAN R/O DAKSHIN DEBOSTHAN P.O. DEBOSTHAN BAZAR P.S. MURAJHAR DIST. HOJAI ASSAM PIN-78248 Advocate for the Petitioner : MS. S B CHOUDHURY, MR. M.A. BARBHUIYA Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 02.05.2025 Heard Mrs. S.B. Choudhury, the learned counsel appearing for the petitioners. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 in respect of G.R. No.1186/2016 pending in the court of learned Judicial Magistrate First Class (JMFC), Hojai, Sankardev Nagar (Assam). 3. Both the petitioners Giyas Uddin and Sab Uddin are shown as absconders in the charge sheet alleging commission of Sessions triable offences. They, now, apprehend that if they appear before the court of JMFC, Hojai, Sankardev Nagar, they will be remanded to custody because this court does not have the jurisdiction to entertain their applications. Therefore, the petitioners have prayed that they should be given one opportunity to contest the case. 4. I have considered the submissions made by the learned counsel of both sides. 5. Since, the petitioners are interested in facing the trial, they deserve to be given adequate opportunity to that effect for the ends of justice. Therefore, their application is allowed. 6. All orders directing issue of Non-bailable Warrant of Arrest (NBWA) and P&A against the present two petitioners, namely- Giyas Uddin and Sab Uddin, are set aside. Page No.# 3/3 7. The above named petitioners are directed to appear before the court of learned JMFC, Hojai, Sankardev Nagar in respect of G.R. No.1186/2016 within next 10(ten) days from today. On their appearance, both the petitioners shall be allowed to go on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the learned JMFC, Hojai, Sankardev Nagar. With the aforesaid direction, the present criminal petition stands disposed of. JUDGE Comparing Assistant