Page No. 1/5 GAHC010227512025 2026:GAU-AS:1042 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1280/2025 TARIFUL ALI ALIAS MUN ALI ALIAS MOON ALI S/O ISLAM ALI R/O WARD NO. 2, RANGIA P.O. AN DP.S. RANGIA DIST. KAMRUP, ASSAM PIN-781354. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:SRI PRASANTA SINGHA S/O B ISHNU PRASAD SINGHA RESIDENT OF VILL- BARSHANGAON P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. A PAUL, MD. M. ALI Advocate for the Respondent : PP, ASSAM, N GOGOI(R-2),MR. M SARANIA(R-2),MR A SARANIA (R-2) BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 29.01.2026 Heard Mr. A. Paul, learned counsel for the petitioner; Mr. M.P. Goswami, learned Page No. 2/5 Additional Public Prosecutor for the respondent no. 1, State of Assam; and Mr. A. Sarania, learned counsel for the respondent no. 2. 2. This criminal petition under Section 528, Bharatiya Nagarika Suraksha Sanhita [BNSS], 2023 is preferred to assail an Order dated 25.04.2025 and also the subsequent and consequential orders passed thereafter in the course of the proceedings of Sessions Case no. 159/2024, presently pending before the Court of learned Sessions Judge, Baksa. 3. A First Information Report [FIR] was lodged before the Officer In-Charge, Goreswar Police Station on 15.11.2017 by the respondent no. 2 as the informant alleging inter alia that at about 11-00 a.m. on 15.11.2017, unknown miscreants waylaid him when he was returning back to Bongaigaon after withdrawing an amount of Rs. 5,00,000/- from the State Bank of India, Goreswar Branch and thereafter, threatened him brandished arms. The miscreants snatched away the amount of Rs. 5,00,000/- from him, which was kept inside the vehicle. It was further alleged that the mobile handset of the informant was also snatched away. The FIR was registered as Goreswar Police Station Case no. 120/2017 under Section 392, IPC. 4. After completion of investigation, the I.O. submitted a charge-sheet in connection with Goreswar Police Station Case no. 128/2017 [corresponding G.R. Case no. 1574/2017 and P.R. Case no. 1107/2021] finding a prima facie case established to proceed against six accused persons including the petitioner herein, for committing the offences under Section 395, IPC and Section 25[1-A], Arms Act. On receipt of the charge-sheet and subsequent commitment, the case has been registered as Sessions Case no. 159/2024. 5. The petitioner during the course of investigation, was arrested and subsequently, was released on bail. Upon registration of Sessions Case no. 159/2024, the Trial Court issued process [summons] to the charge-sheeted accused persons to face the trial. After receipt of summons, the petitioner filed petitions on a number of dates starting from 22.11.2024 onwards seeking adjournment to appear in person subsequently. Such petitions continued to be filed till 21.02.2025 by the petitioner. Page No. 3/5 6. When a petition with similar prayer was filed on 24.05.2025 on behalf of the petitioner, the Trial Court taking into consideration of the previous conduct of the petitioner, rejected the prayer and directed issuance of Warrant of Arrest [NBWA] against the petitioner and notice to his bailor. Similar orders were passed on 23.05.2025, 30.05.2025, 30.06.2025 and 30.08.2025. On 30.08.2025, the Trial Court has observed that proclamation issued against the petitioner, who has been termed as absconder, was not returned. 7. As the petitioner was a charge-sheeted accused person and after his appearance before the Trial Court, he was allowed to go on bail, the petitioner’s subsequent conduct of non-appearance before the Trial Court from 22.11.2024 had created hindrance in facilitation of expeditious conclusion of the trial. 8. Mr. Paul, learned counsel for the petitioner has submitted that the petitioner is ready and willing to appear before the Trial Court and the petitioner has undertaken that there will not to be any further default in his appearance. The petitioner will be regularly present to facilitate and expeditious conclusion of the trial. 9. Mr. Goswami, learned Additional Public Prosecutor appearing for the State has submitted that an expeditious trial is in the interests of all stakeholders including the prosecution, the witnesses and the accused. 10. The condition precedent for initiation of an action under Section 84, BNSS is prior issuance of warrant of arrest by the concerned Court. A plain reading of Section 84[1], BNSS shows that before ordering for publication of a proclamation, the Court should have reasons to believe [whether after taking evidence or not] that a person against whom warrant was issued has absconded or is concealing himself and that the warrant cannot be executed. Proclamation under Section 84 of the BNSS may be issued only when a Court has reason to believe that a person against who warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed. It is only after arriving at such satisfaction, the Court may proceed to publish a written proclamation. The satisfaction could be subjective but it cannot be without any material basis. Only after recording such Page No. 4/5 satisfaction, the Court can direct publication of a written proclamation requiring such person to appear at a specified place within a specified period. 11. The petitioner has approached this Court by the present petition undertaking that he is ready and willing to participate in the further proceeding of Sessions Case no. 159/2024 by appearing in person and by submitting himself to the jurisdiction of the Trial Court within a short time. It is submitted on his behalf that he has apprehension that before his appearance willingly he might be taken into custody in execution of the NBWAs issued already against him. It has been further submitted that if the NBWAs issued against him are kept in abeyance for a limited period, the same would facilitate the appearance of the petitioner before the Trial Court without such apprehension. 12. In view of the discussion made above and for the reasons stated therein, the direction regarding issuance of proclamation is found to be one which cannot stand the scrutiny of law and as such, the same is set aside. 13. Having regard to the fact of non-appearance of the petitioner in the proceedings of Sessions Case no. 159/2024 for a long period till date and the undertaking made by the petitioner, this Court is of the considered view that in the interests of justice, the petitioner can be directed to appear before the Trial Court within a period of fifteen days from today, as the same would facilitate an expeditious conclusion of the trial, which will be the best interests of all concerned. It is accordingly ordered. It is further ordered that the warrants of arrest [NBWAs] issued against the petitioner shall remain in abeyance for a period of fifteen days from today. 14. If the petitioner appears and submits to the jurisdiction of the Trial Court within such period of fifteen days from today and prefers an application for bail, the Trial Court shall consider the bail application on its own merits and in accordance with law. It is further observed that in the event of failure on the part of the petitioner to appear before the Trial Court, as directed above, the warrants of arrest [NBWAs] shall stand revived. Page No. 5/5 15. The instant criminal petition stands allowed to the extent indicated above. No cost. JUDGE Comparing Assistant