Page No.# 1/2 GAHC010044352026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./318/2026 BHABESH SARMAH S/O LATE CHANDRA NATH SARMA, R/O VILL AND PO BORKRA, DIST KAMRUP, ASSAM, PIN 781102 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MD JAHEDUL MONDAL S/O JOMSER MONDAL R/O VILL NO 2 SUPARI GAON PO PHAGUNA GAON DIST BONGAIGAON ASSA Advocate for the Petitioner : MR K BHUYAN, MR M HAZARIKA,MR. M U E BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2026 Heard Mr. K Bhuyan, the learned counsel appearing for the petitioner. Also heard Mr. K Baishya, the learned Additional Public Prosecutor appearing for the State of Page No.# 2/2 Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of G R Case No.13127/2012 pending in the Court of the Special Judicial Magistrate, Kamrup (Metro) at Guwahati. 3. The petitioner Bhabesh Sarmah is an accused before the court below. He was absent on some days. Therefore, the trial court issued Warrant of Arrest against him. 4. Mr. K Bhuyan submits that because of some personal reasons, he had to shift from place to place and that is why there was mis-communication between him and his lawyer. 5. Mr. K Bhuyan further submits that the petitioner is interested in facing the trial and therefore, the petitioner should be given adequate opportunities to that effect. 6. I have considered the submissions made by the learned counsel of both sides. 7. 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. 8. Therefore, the prayer of the petitioner is allowed. 9. It is hereby directed that the warrant of arrest issued against the petitioner by the trial court on 09.02.2026 shall be recalled. 10. The petitioner Bhabesh Sarmah is directed to appear before the trial court in respect of G R Case No.13127/2012 within next 10 (ten) days from today. On his appearance, he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judicial Magistrate, Kamrup (Metro) at Guwahati. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant