Page No.# 1/2 GAHC010126632026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./914/2026 SRI SABILAL ALIAS CHABI LAL PRADHAN SON OF SRI DIG BAHADUR PRADHAN R/O- VILLAGE-- BRAHMAJAN, P.O.- BRAHMAJAN, P.S.-GOHPUR, DISTRICT-BISWANATH, ASSAM, PIN-784172. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM 2:SRI FHURBA TAMANG S/O- SRI PEMBA LAMA R/O- MASJID GALI KAMARPATTY FENCY BAZAR GUWAHATI DIST- KAMRUPM ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.06.2026 Heard Mr. L Gogoi, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, 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 C R Case Page No.# 2/2 No.1689/2018 pending in the Court of the learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati, Assam. 3. The petitioner Sabilal @ Chabi Lal Pradhan is an accused before the Trial Court. For a long time he was absent in the court. Therefore, the Trial Court directed issue of Non-Bailable Warrant of Arrest as well as P/A against the petitioner. 4. The petitioner states that the went outside the State in search of livelihood and in the meantime, COVID-19 lockdown started. 5. Mr. Gogoi has submitted that the petitioner is interested in facing the trial and therefore, he should be given adequate opportunities to that effect. 6. I have considered the submissions made by the learned counsel of both sides. 7. The petitioner has explained the reasons for his absence in the Trial Court. 8. This Court is of the opinion that the petitioner should be given some opportunities to contest the case before the Trial Court. 9. 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 some opportunities to that effect. 10. Therefore, the Criminal Petition of the petitioner is allowed. 11. It is hereby directed that all orders directing issue of Non-Bailable Warrant of Arrest and P/A against the petitioner by the learned Judicial Magistrate 1st Class, Kamrup (M), Guwahati, Assam shall be recalled. 12. It is further directed that the petitioner, namely Sabilal @ Chabi Lal Pradhan is directed to appear before the court of the Judicial Magistrate 1st Class, Kamrup (M), Guwahati, Assam within next 15 (fifteen) days from today in connection with C R Case No.1689/2018. On his appearance, the petitioner Sabilal @ Chabi Lal Pradhan shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Judicial 1st First Class, Kamrup (M), Guwahati, Assam. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant