Page No.# 1/3 GAHC010218152021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/262/2026 in Crl.Pet./791/2021 REJAUL ISLAM S/O LATE SAHANUR ISLAM R/O ABHAYAPURI TOWN WARD NO. 1 P.O. AND P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. 2:MAFIJUL ALI S/O HABUBUR RAHMAN R/O VILL- DEKARBORI MAULIJHAR P.S. SARBHOG DIST. BARPETA ASSAM ------------ Advocate for : MR. M J BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 08-05-2026 Heard Mr. M. J. Baruah, learned counsel for the applicant/petitioner and Mr. P. Borthakur, learned Addl. PP, Assam for the respondent No.1. 2. This interlocutory application has been filed seeking suspension of the BWA/NBWA issued against the applicant/acuesd by learned SDJM, North Salamara, Abhayapuri in PRC Case No. 1046/2021 corresponding to Charge Sheet No. 239/2021 for non appearance of the accused. 3. Mr. Baruah, learned counsel further submitted that in pursuant to the order dated 24.02.2026, passed by this Court in Crl. Pet. No. 791/2021, this interlocutory application has been filed to bring on record the order sheets. 4. It is further submitted by Mr. Baruah, learned counsel that initially one pre- arrest bail application was filed before this Court and he was also granted with some interim protection. But during pendency of the said application for pre- arrest bail, the case was already charge sheeted for which a direction was given to the applicant to appear before the learned Trial Court. But as the case was charge sheeted under Section 376 IPC and thus, the case is committal in nature for which with the advice of some person, he did not appear before the learned Trial Court. 5. He further submitted that the applicant/petitioner is ready and willing to appear before the learned Trial Court at this stage and to face the trial. 6. Mr. Borthakur, learned APP submitted that the applicant did not comply with the order of this Court earlier and inspite of NBWA issued against him, he Page No.# 3/3 did not appear before the learned Trial Court and hence, since 2021 the case is pending before the learned Trial Court. 7. Considering the submissions made by the learned counsel for the parties, this Court is of the opinion that no interim protection can be provided to the applicant. However, he is directed to appear before the learned Trial Court with an appropriate application seeking regular bail, which may be considered in accordance with law. 8. With the above observation and direction, this interlocutory application stands disposed of. JUDGE Comparing Assistant