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2026 DAILYLAW 6663 (GAU)

MONOWAR HUSSAIN ALIAS MONOWAR ALI v. STATE OF ASSAM AND ANR

Crl.Pet./688/2026 · 2026-05-19

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010095432026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./688/2026 MONOWAR HUSSAIN ALIAS MONOWAR ALI S/O-EMAN ALI R/O-VILL-ASSAMKATA, P.O. P.SMANKACHAR, DISTRICT- SOUTH SALMARA MANKACHAR, PIN783131 VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:NUR ZAMAL S/O- LT. ABDUL KUDDUS VILL-JORDONGA PT-II P.S.- MANKACHAR DISTRICT- SOUTH SALMARA MANKACHAR ASSA Advocate for the Petitioner : MD A ISLAM, MR. N ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.05.2026 Heard Mr. A Islam, the learned counsel appearing for the petitioner. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 challenging the Page No.# 2/2 orders passed in Spl. (P) Case No.48/2025 directing issuance of Non-Bailable Warrant of Arrest against the petitioner by the court of the learned Special Judge, South Salmara, Mankachar. 3. The petitioner states that he never received any summons from the trial court and even then, the trial court directed issuance .of NBWA against the petitioner. 4. The petitioner further states that he is interested in facing the trial and therefore, he prays that he may be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given adequate opportunities to that effect. Therefore, his application is allowed. 7. The Non-Bailable Warrant of Arrest issued against the petitioner Monowar Hussain @ Monowar Ali shall be recalled. 8. It is hereby directed that the petitioner, namely, Monowar Hussain @ Monowar Ali is directed to appear before the trial court in connection with Spl. (P) Case No.48/2025 within next 20 days from today. On his appearance, the petitioner Monowar Hussain @ Monowar Ali shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, South Salmara, Mankachar. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant