Page No.# 1/2 GAHC010094182026 2026:GAU-AS:6719 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./663/2026 ABJAL HUSSAIN MAZUMDER S/O- SAMSUR UDDIN MAZUMDER. R/O- MADHURBOND PART- XI, P.O. SILCHAR. P.S. SILCHAR. PIN-788001 DIST- CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. N H LASKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2026 1. Heard Mr. N. H. Laskar, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, 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 PRC Case No.3823/2024, pending in the Court of the learned Judicial Magistrate First Class, Cachar, Silchar. 3. The petitioner, Abjal Hussain Mazumder has been shown as an accused in the Charge-sheet. The Trial Court issued summons to him after filing of the Charge- Page No.# 2/2 sheet. He did not appear but, he had filed applications through his lawyer seeking time. At one point of time, he stopped filing petitions and remained absent. Therefore, the Trial Court directed issue of bailable warrant of arrest against him. 4. The petitioner now apprehends that if he appears before the Court below, he will be remanded to custody. The petitioner submits that he is willing to face the trial and, therefore, he should be given an adequate opportunity to do so. 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 should be given an adequate opportunity to that effect. Therefore, his application is allowed. 7. The warrant of arrest issued against him shall be recalled. 8. The petitioner, Abjal Hussain Mazumder is directed to appear before the Court of the learned Judicial Magistrate First Class, Cachar, Silchar in connection with PRC Case No.3823/2024 within a period of 7 (seven) days from today and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Cachar, Silchar. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant