Page No.# 1/4 GAHC010162582026 2026:GAU-AS:12353 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1103/2026 NURAL ISLAM MOLLAH S/O LATE MOHIR UDDIN MOLLAH, R/O DALANERALGA PART-I, P.S. GAURIPUR, DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ARSHAD ALOM S/O TAIMUR HUSSAIN R/O ANANDA NAGAR P/S BILASIPARA DIST. DHUBRI ASSAM Advocate for the Petitioner : MR. A AHMED, MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, ` BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.08.2026 Heard Mr A Ahmed, learned counsel for the petitioner and Mr K K Das, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. By this application under Section 528 of the BNSS, 2023, read with Section 442 of the BNSS, 2023, the petitioner has challenged the impugned order dated 15.05.2026 as well as subsequent orders passed by the learned SDJM (M), Bilasipara, in CR NI Case No. 427/2022, by which Non-Bailable Warrant of Arrest was issued against the petitioner for his non-appearance in the said case. 3. Mr Ahmed, learned counsel for the petitioner submits that the petitioner has presented himself in the initial stage and, thereafter, due to genuine reasons, he could not present himself and as a result of which, NBWA was issued and he was arrested on the strength of the said NBWA and was produced and that the petitioner and the complainant agreed that the matter would be settled and the petitioner had promised to pay the complainant, the entire amount which he had taken from him, and as such, the learned Court had recalled the NBWA issued at the first instance. Mr Ahmed submits that on 22.04.2026, 15 (fifteen) days’ adjournment was granted on the ground that the petitioner would pay the amount to the complainant within the same and that adjournment was given as a last opportunity. However, on 15.05.2026, the Court observed that in spite of clear directions that the petitioner would pay the amount to the complainant, the petitioner had neither paid the amount nor was present before the Court on the said date. It was also observed that the Advocate appearing for the petitioner had filed an application for adjournment of the matter on the ground that the petitioner was suffering Page No.# 3/4 from some ailment. However, the Court observed that the petitioner was intentionally delaying the matter and issued NBWA again for the second time against the petitioner and had fixed 29.06.2026 for production and appearance of the petitioner. However, on the subsequent dates, the petitioner again absented himself and fresh NBWA was issued against him. Mr Ahmed, learned counsel for the petitioner submits that the petitioner had already paid an amount of Rs. 20,000/- to the Court first, which was handed over to the complainant and that he had all intentions to pay the remaining amount to the complainant. As such, he submits that the petitioner will appear positively on the next date fixed before the Court. 4. Mr K K Das, learned Additional Public Prosecutor for the State submits that the petitioner has been delaying the disposal of the matter by absenting himself repeatedly from the very first day itself and that he was, on the first instant, arrested and brought before the Court and now again, he is absenting himself. 5. On consideration of the submissions made by the learned counsels, more so, due to the fact that the petitioner had made part payment to the complainant and that he intends to pay the remaining amount to the complainant, this Court directs the petitioner to appear within 15 days from the date of the order, before the learned SDJM (M), Bilasipara, without fail. Till the petitioner appears before the said Court, the NBWA issued against the petitioner be kept in abeyance. However, if the petitioner does not appear before the Court within the stipulated period of time, the order passed by the Page No.# 4/4 Court of learned SDJM (M) on 15.05.2026, would get revived, along with subsequent orders. 6. Petition is disposed of. JUDGE Comparing Assistant