Page No.# 1/2 GAHC010046672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./342/2026 ABDUL JALIL BORBHUYAN ALIAS ABDUL JOLIL S/O MD ALLAH UDDIN, PERMANENT R/O VILL DOKHIN NOWABIL, PS MURAJHAR, DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : TAWHID LASKAR, ASHRAFUL BORBHUYAN,SHAHANAWAZ CHOWDHURY,MR. M A BARBHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.03.2026 Heard Mr. T A Laskar, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 15.02.2025 passed by the learned Judicial Magistrate 1st Class, Hojai, Assam in G.R. Case No.527/2016 arising out of Murajhar P S Case No.47/2016. 3. The aforesaid case is a Session’s triable case. The petitioner Abdul Jalil Borbhuyan Page No.# 2/2 @ Abdul Jolil is shown as an absconder in the charge sheet. The committing Court has issued Warrant of Arrest against him. 4. Mr. Laskar submits that the petitioner is interested in facing the trial and he wants to contest the case. Therefore, Mr. Laskar prays that the petitioner should be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given adequate opportunities to face the trial. 7. Therefore, the prayer of the petitioner is allowed. 8. Accordingly, the Non-bailable warrant of arrest issued against the petitioner Abdul Jalil Borbhuyan @ Abdul Jolil shall be recalled. 9. The petitioner Abdul Jalil Borbhuyan @ Abdul Jolil is directed to appear before the Court of the learned Judicial Magistrate 1st Class, Hojai, Assam in connection with G.R. Case No.527/2016. On his appearance, he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Hojai, Assam. 10. The petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to do so, the trial court shall be at liberty to procure the attendance of the petitioner in accordance with the procedures as laid down by law. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant