Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010102172026
2026:GAU-AS:7286
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./731/2026 IBRAHIM ALI S/O HATEM ALI R/O- GUDAMGHAT MIRIGAON, P/S- CHARIDUWAR, DIST- SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, PRABHAT DAS,MR A ISLAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.05.2026
1. Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. P. Borthakur, 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.31/2025, pending in the Court of the learned Additional Sessions Judge (FTC) No.3, Kamrup (M) at Guwahati.
3. The petitioner, Ibrahim Ali is an accused before the Court below. On 07.08.2025 he was present in the Court. But on subsequent dates, he was absent in
Page No.# 2/2 the Court and, therefore, the Trial Court issued non-bailable warrant of arrest against him.
4. The petitioner submits that in order to earn his livelihood, he was busy in different works for that reason he could not appear before the Court below.
5. Today, after considering the submissions made by learned counsel for both the sides, this Court is of the opinion that under the given circumstances, the petitioner should be given adequate opportunity to contest the case. Therefore, his application is allowed.
6. All orders directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner, Ibrahim Ali in respect of Sessions Case No.31/2025 are set aside.
7. The petitioner, Ibrahim Ali is directed to appear before the Court of the learned Additional Sessions Judge (FTC) No.3, Kamrup (M) at Guwahati on 30.05.2026 and on his appearance, he shall be allowed to go on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge (FTC) No.3, Kamrup (M) at Guwahati.
8. With the aforesaid direction, this criminal petition stands disposed of.
JUDGE Comparing Assistant