Page No.# 1/2 GAHC010068782026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./512/2026 JOHIRUL ISLAM KHAN S/O-MEHER ALI KHAN,VILL-CHAMARIA PAM,P.S-BOKO, DIST-KAMRUP ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:KALAM ALI S/O- LATE AMIR ALI VILL-CHAMARIA PAM P.S- BO, DIST-KAMRUP, ASSAM Advocate for the Petitioner : MR. M ALI, H R KHAN,MR. M R Z CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 Heard Mr. M Ali, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of Sessions Case No.92/2023 pending in the Court of the learned Sessions Judge, Kamrup, Amingaon. Page No.# 2/2 3. The petitioner Johirul Islam Khan is an accused before the trial court. For earning his livelihood, he had to go New Delhi. His engaged counsel did not take steps in the matter and also did not communicate with the petitioner. On the other hand, the employer at New Delhi did not release the petitioner from his work till 09.03.2026. Accordingly, the petitioner could not appear on 04.11.2024 and on subsequent dates before the trial court. Therefore, the learned trial court directed issue of Non-Bailable Warrant of Arrest against the petitioner for procuring his attendance. 4. Mr. Ali submits that the petitioner is interested in facing the trial and therefore, 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. Since the petitioner is interested in facing the trial, therefore he deserves to be given adequate opportunities to that effect. 7. Therefore, the Criminal Petition filed by the petitioner is allowed. 8. All orders directing issue of Non-Bailable Warrant of Arrest against the petitioner in respect of Sessions Case No.92/2023 are set aside. 9. It is hereby directed that the petitioner Johirul Islam Khan is directed to appear before the Court of the learned Sessions Judge, Kamrup, Amingaon in respect of Sessions Case No.92/2023 within next 15 (fifteen) days from today. On his appearance, he shall be released on bail of ₹25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Sessions Judge, Kamrup, Amingaon. 10. With the aforesaid direction, this Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant