Page No.# 1/3 GAHC010176402026 2026:GAU-AS:12703 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1176/2026 MUKTARUDDIN ALIAS MD. MUKTARUDDIN S/O-LATE-MUSAID ALI, VILL-DAKHIN DEBASTHAN GITAR BASTI, P.S- MURAJHAR, DIST-HOJAI, (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P Advocate for the Petitioner : MR. M HOQUE, MD A ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 02.09.2026 Heard Mr M Hoque, learned counsel for the petitioner and Mr K Baishya, learned Additional Public Prosecutor for the State of Assam. 2. By this application under Section 528 of the BNSS, 2023, as well as Article 227 of the Constitution of India, the petitioner has prayed for quashing of the order dated 22.07.2026, passed by the learned Sessions Judge, Hojai, in connection with Sessions (T-1) Case No. 69/2011, registered under Section 147/148/323/302 IPC, by which the Page No.# 2/3 learned Sessions Judge has issued NBWA against the petitioner. 3. The case of the petitioner is that a case was registered against him along with other accused persons and a trial was conducted. In the said case, few of the accused persons were absconding and as such, the case was filed and the trial continued with regard to the petitioner. On the completion of the trial, the petitioner was acquitted and against the said acquittal order, the informant filed an appeal before the High Court and the High Court had convicted the petitioner along with others and ordered the petitioner and others to surrender before the Sessions Judge, Hojai, for serving out the sentence. Aggrieved by the said conviction, the petitioner had filed an appeal before the Hon’ble Supreme Court and the criminal appeal was registered as Criminal Appeal No. 583 of 2023, and the Hon’ble Supreme Court by order dated 10.04.2023, had issued notice after condoning the delay and had ordered that the petitioner be released on bail. It was further ordered by the Hon’ble Supreme Court that the petitioner be released on bail subject to the terms and conditions imposed by the Trial Court. Pursuant to the said order dated 10.04.2023, the petitioner appeared before the Sessions Judge, Hojai, and the Sessions Judge, by order dated 24.04.223, had enlarged the petitioner on bail on certain conditions and on furnishing the bail bond. The petitioner, thereafter, had furnished the bail bond and the same was accepted on 28.04.2023. However, he submits that on 22.07.2026, the Sessions Judge had issued NBWA against the petitioner. The learned counsel further submits that the criminal appeal which is filed before the Supreme Court is still pending and has not been listed since the day notice was issued Page No.# 3/3 and the bail was granted by the Hon’ble Supreme Court. On being asked, the learned counsel for the petitioner had furnished the entire order sheet of the Court of Sessions Judge, Hojai and it is seen that after the bail order, the learned Sessions Juge, while continuing with the proceedings in connection with the other accused persons, had stipulated that the petitioner was on bail on the strength of the Supreme Court’s order, but suddenly, on 11.06.2026, issued bailable warrant of arrest of Rs. 1,000/- against the petitioner and on non-return of the said bailable warrant of arrest, the Sessions Judge had again issued bailable warrant of arrest against the petitioner by order dated 24.06.2026, and then again by order dated 08.07.2026, fresh bailable warrant of arrest was issued and then on 22.07.2026, non-bailable warrant of arrest was issued against the petitioner. It is an admitted position that the petitioner is released on bail pursuant to the Hon’ble Apex Court dated 10.04.2023. 4. As such, this Court holds that the NBWA issued against the petitioner by the Sessions Judge, Hojai, was not in consonance with law. As such, the order dated 22.07.2026, issuing NBWA against the petitioner is set aside and quashed, together with the earlier orders by which bailable warrants of arrest were issued. The petitioner should be directed to remain on bail as directed by the Hon’ble Supreme Court. 5. With this observation, the criminal petition stands disposed of. JUDGE Comparing Assistant