Page No.# 1/2 GAHC010128142026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./922/2026 MOJAMMAL HOQUE SON OF ABDUL BAREK, RESIDENT OF VILLAGE PATEKIBORI, POST OFFICE MAYONG, DISTRICT MORIGAON, ASSAM, PIN 782411. VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:KUMUD CHANGMAI S/O LATE HEM CHANGMAI R/O VILL- ATAL PATHAR P.O. AND P.S. SAPEKHATI DIST. CHARAIDEO ASSAM PIN-785629 Advocate for the Petitioner : MR. KHAIRUL ISLAM, J S AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.06.2026 Heard Mr. J S Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Additional Public Prosecutor appearing for the State of Page No.# 2/2 Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of N.I.Case No.06/2025 pending in the Court of the learned Chief Judicial Magistrate, Charaideo at Sonari. 3. The petitioner Mojammal Hoque is an accused in the aforesaid case. He was absent in the Court below on several dates. Therefore, the Trial Court directed issue of Non-Bailable Warrant of Arrest and Bailable Warrant of Arrest against the petitioner. 4. The petitioner states that he was suffering from various ailments. In support of his plea he has produced some medical documents. Therefore, he states that he should 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 should be given adequate opportunities to that effect. 7. Therefore, the Criminal Petition of the petitioner is allowed. 8. It is hereby directed that all orders directing issue of Non-Bailable Warrant of Arrest and Bailable Warrant of Arrest against the petitioner shall be recalled. 9. It is further directed that the petitioner, namely, Mojammal Hoque is directed to appear before the court of the learned Chief Judicial Magistrate, Charaideo at Sonari within next 15 days from today in connection with N.I.Case No.06/2025. On his appearance, the petitioner Mojammal Hoque shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Charaideo at Sonari. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant