Page No.# 1/2 GAHC010076202026 2026:GAU-AS:5476 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./557/2026 MONIRUL ISLAM S/O SOHIDUR ISLAM VILL- BOROBALU, P.S. SUKCHAR, DIST. SOUTH SALMARA, MANKACHAR, ASSAM. PIN-783128 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 22.04.2026 1. Heard Mr. A. Z. Ahmed, learned counsel for the petitioner. Also heard Mr. P. S. Lahakar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Sessions Case No.28/2025, pending in the Court of the learned Sessions Judge, South Salmara, Mankachar. 3. The petitioner, Monirul Islam was regularly appearing before the Trial Court and on 15.10.2025, he was absent in the Court without steps. Therefore, the Trial Page No.# 2/2 Court directed the issue of NBWA against him. In subsequent orders, the Trial Court directed issue of P&A also against the present petitioner. 4. The petitioner submits that for some personal difficulty he could not appear on that day. 5. I have considered the submissions made by the learned counsel for both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial he deserves to be given an adequate opportunity to that effect. Therefore, the prayer of the petitioner is allowed. 7. Therefore, all orders directing issue of NBWA as well as P&A in respect Sessions Case No.28/2025 of are set aside. 8. It is hereby directed that the petitioner, Monirul Islam is directed to appear before the by learned Sessions Judge, South Salmara, Mankachar in connection with Sessions Case No.28/2025 within a period of 7 (seven) days from today and on his appearance, he shall be allowed to remain on previous bail. 9. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant