Abdul Jalil Borbhuyan Alias Abdul Jolil Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Abdul Jalil Borbhuyan Alias Abdul Jolil Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer allowed: Non-bailable warrant of arrest against the petitioner recalled; petitioner directed to appear before the learned Judicial Magistrate 1st Class, Hojai, Assam in G.R. Case No.527/2016 and, on appearance, to be released on bail of Rs. 25,000/- with a surety of like amount; petitioner to appear on every date of hearing, failing which the trial court may procure his attendance in accordance with law. Criminal petition disposed of accordingly.

Issue for consideration

Whether the non-bailable warrant of arrest issued against the petitioner, who is shown as an absconder in the charge sheet, should be recalled so as to enable him to appear before the trial court and face the trial in G.R. Case No.527/2016.

Court's answer

Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunities to face the trial.

Ratio / Principle

The prayer of the petitioner is allowed and the Non-bailable warrant of arrest issued against the petitioner Abdul Jalil Borbhuyan @ Abdul Jolil shall be recalled.

Key takeaways

The petitioner is directed to appear before the learned Judicial Magistrate 1st Class, Hojai, Assam in G.R. Case No.527/2016, and on his appearance he shall be released on bail of Rs. 25,000/- with a surety of like amount.ratio¶29
The petitioner must regularly appear before the trial court on every date of hearing; on failure, the trial court is at liberty to procure his attendance in accordance with law.ratio¶30

Detailed headnote1 paragraphs

Criminal petition under Section 528 of the BNSS, 2023 — petitioner shown as absconder in the charge sheet in a sessions-triable case (G.R. Case No.527/2016, arising out of Murajhar P S Case No.47/2016) and Non-Bailable Warrant of Arrest issued by the committing Court — petitioner expressed interest in facing and contesting the trial — held that he deserves adequate opportunities to face the trial — Non-Bailable Warrant recalled; petitioner directed to appear before the learned Judicial Magistrate 1st Class, Hojai, Assam and, on appearance, to be released on bail of Rs. 25,000/- with a surety of like amount — petitioner to appear regularly on each date of hearing, failing which the trial court is at liberty to procure his attendance in accordance with law.

Page No.# 1/2

GAHC010046672026

undefined

THE GAUHATI HIGH COURT

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

Case No. : Crl.Pet./342/2026

ABDUL JALIL BORBHUYAN ALIAS ABDUL JOLIL

S/O MD ALLAH UDDIN, PERMANENT R/O VILL DOKHIN NOWABIL, PS MURAJHAR, DIST HOJAI, ASSAM

VERSUS

THE STATE OF ASSAM

TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : TAWHID LASKAR, ASHRAFUL BORBHUYAN,SHAHANAWAZ CHOWDHURY,MR. M A BARBHUYAN

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

ORDER

Date : 12.03.2026

Heard Mr. T A Laskar, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam.

This is an application under Section 528 of the BNSS, 2023 challenging the order

dated 15.02.2025 passed by the learned Judicial Magistrate 1^st Class, Hojai, Assam in G.R. Case No.527/2016 arising out of Murajhar P S Case No.47/2016.

The aforesaid case is a Session’s triable case. The petitioner Abdul Jalil Borbhuyan

Page No.# 2/2

@ Abdul Jolil is shown as an absconder in the charge sheet. The committing Court has issued Warrant of Arrest against him.

Mr. Laskar submits that the petitioner is interested in facing the trial and he wants to contest the case. Therefore, Mr. Laskar prays that the petitioner should be given adequate opportunities to that effect.

I have 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 deserves to be given adequate opportunities to face the trial.

Therefore, the prayer of the petitioner is allowed.

Accordingly, the Non-bailable warrant of arrest issued against the petitioner Abdul Jalil Borbhuyan @ Abdul Jolil shall be recalled.

The petitioner Abdul Jalil Borbhuyan @ Abdul Jolil is directed to appear before the Court of the learned Judicial Magistrate 1^st Class, Hojai, Assam in connection with G.R. Case No.527/2016. On his appearance, he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1^st Class, Hojai, Assam.

The petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to do so, the trial court shall be at liberty to procure the attendance of the petitioner in accordance with the procedures as laid down by law. With the aforesaid direction, the criminal petition stands disposed of accordingly.

JUDGE

Comparing Assistant