Page No.# 1/2 GAHC010044792026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./316/2026 MD MOHIBUL HOQUE S/OMD. MAHIM ALI R/O PRESENTLY RESIDING AT C/O MOHAN BOWLEKER, 6/2 GOVIND NIWAS, SUBASH ROAD, KUMBHARKHAN PADA, DOMBIVILI WEST, KALYAN, THANE (MAHARASHTRA), PIN-421202. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS S BORA, MR. P BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2026 Heard Ms. S Bora, the learned counsel appearing for the petitioner. Also heard Mr. K Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of Page No.# 2/2 Sessions Case No.90(DM)/2019 pending in the Court of the learned Additional Sessions Judge, Darrang, Mangaldoi, Assam. 3. The petitioner Md. Mohibul Hoque is an accused before the court below. Earlier he appeared before the court below, but subsequently, he went to Maharashtra for earning his livelihood. Thereafter, he could not appear before the trial court. The trial court also issued Non-Bailable Warrant of Arrest as well as P/A to the petitioner. 4. Ms. Bora submits that the petitioner is interested in facing the trial and only for earning his livelihood he had to go out of state. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given one opportunity to face the trial. 7. Therefore, the prayer of the petitioners is allowed. 8. It is hereby directed that the NBWA and the P/A issued against the petitioner by the trial court shall be recalled. 9. The petitioner Md. Mohibul Hoque is directed to appear before the trial court in respect of Sessions Case No.90(DM)/2019 within next 10 (ten) days from today. On his appearance, he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the Additional Sessions Judge, Darrang, Mangaldoi, Assam. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant