Disposed¶26

MD Mohibul Hoque v. the State of Assam

Gauhati HC9 Mar 2026Crl.Pet./316/2026

Case brief

AI extract

What is this about?

Section 528 BNSS 2023 application; recall of Non-Bailable Warrant of Arrest (NBWA) and P/A; accused absent from trial having left State for livelihood; one opportunity to face trial; Sessions Case No.90(DM)/2019; Additional Sessions Judge, Darrang, Mangaldoi, Assam; bail of ₹25,000/- with surety of like amount; Gauhati High Court; Crl.Pet./316/2026; order dated 10.03.2026; Justice Parthivjyoti Saikia.

What did the court decide?

Recall of the NBWA and P/A issued by the trial court; petitioner to appear before the trial court within 10 days and, on appearance, be released on bail of ₹25,000/- with a surety of like amount. ¶26

MD Mohibul Hoque Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

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GAHC010044792026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./316/2026

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MD MOHIBUL HOQUE S/OMD. MAHIM ALI

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R/O PRESENTLY RESIDING AT C/O MOHAN BOWLEKER, 6/2 GOVIND NIWAS, SUBASH ROAD, KUMBHARKHAN PADA, DOMBIVILI WEST, KALYAN, THANE (MAHARASHTRA), PIN-421202.

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MS S BORA, MR. P BORAH

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 10.03.2026

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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.

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This is an application under Section 528 of the BNSS, 2023 in respect of

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Sessions Case No.90(DM)/2019 pending in the Court of the learned Additional Sessions Judge, Darrang, Mangaldoi, Assam.

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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.

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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.

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I have considered the submissions made by the learned counsel of both sides.

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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.

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Therefore, the prayer of the petitioners is allowed.

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It is hereby directed that the NBWA and the P/A issued against the petitioner by the trial court shall be recalled.

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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.

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With the aforesaid direction, the criminal petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

MD Mohibul Hoque v. the State of Assam

Case brief

What is this about?

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MD Mohibul Hoque v. the State of Assam

Case brief

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