Page No.# 1/2 GAHC010129232026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./931/2026 MD KHURCHED ALI ALIAS MD KHURSAD ALI S/O MANGLA ALI ALIAS MONGLER SEKH, R/O VILL SINGITALI, PS TEZPUR, PIN CODE 784025, DIST SONITPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI KHARGESWAR NATH S/O JOGENDRA NATH R/O VILL BARKAPARA PS SARTHEBARI DIST BARPETA ASSAM PIN CODE 78130 Advocate for the Petitioner : MR. A R BHUYAN, MD. I HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.06.2026 Heard the learned Senior Counsel Mr. A R Bhuyan assisted by Md. I Hussain appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor Page No.# 2/2 appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of G R Case No.3161/2016 pending in the Court of the learned Sub-Divisional Judicial Magistrate (S), Barpeta. 3. The petitioner Md. Khurched Ali @ Md. Khursad Ali is an accused before the Trial Court. Earlier he was allowed to go on bail. Later on, he defaulted in appearance. The petitioner states that it all happened because of miscommunication with his lawyer. 4. Mr. Bhuyan has submitted that the petitioner is interested in facing the trial and therefore, he should be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. The petitioner has explained the reasons for his absence in the Trial Court. 7. This Court is of the opinion that the petitioner should be given some opportunities to contest the case before the Trial Court. 8. 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 contesting the case before the Trial Court, he should be given some opportunities to that effect. Therefore, the Criminal Petition of the petitioner is allowed. 9. The Bailable Warrant of Arrest and Non- Bailable Warrant of Arrest issued against the petitioner Md. Khurched Ali @ Md. Khursad Ali in G R Case No.3161/2016 shall be recalled. 10. It is hereby directed that the petitioner, namely Md. Khurched Ali @ Md. Khursad Ali is directed to appear before the Court of the Sub-Divisional Judicial Magistrate (S), Barpeta within next 15 (fifteen) days from today in connection with G R Case No.3161/2016. 11. On his appearance, the petitioner Kurshed Ali @ Md. Kurshed Ali shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Sub-Divisional Judicial Magistrate (S), Barpeta. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant