Allowed¶26

Baharul Islam v. the State of Assam and Anr.

Gauhati HC3 May 2026Crl.Pet./605/2026

Case brief

AI extract

What is this about?

Baharul Islam v. State of Assam & Anr., Crl.Pet./605/2026 (Gauhati High Court, 04.05.2026, Mitali Thakuria, J.; neutral citation 2026:GAU-AS:6045): recall/stay of NBWA (non-bailable warrant) issued in Sessions Case No.63/2022; Section 528 BNSS 2023; Article 227 Constitution of India; absence without steps; one chance to appear with regular bail application; NBW stayed/suspended till next listing date.

What did the court decide?

NBWA issued against the petitioner stayed/suspended till the next date of listing; petitioner permitted one chance to appear before the learned Trial Court below with an application for regular bail, to be considered in accordance with law; criminal petition allowed and disposed of accordingly. ¶26

Baharul Islam Vs the State of Assam and Anr. — Writ and Judicial Review | Gauhati HC (2026)

Page No.# 1/3

GAHC010083992026

2026:GAU-AS:6045

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

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Case No. : Crl.Pet./605/2026

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BAHARUL ISLAM

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S/O-SAMSUL HOQUE VILLAGE-BALIGAON, P.O. BECHIMARI, P.S. DALGAON, DIST. DARRANG, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM.

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2:MOSST SABIRON NESSA W/O-MD. SUR JAMAN R/O- DEKERIGAON P.S. DALGAON DIST. DARRANG ASSA

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Advocate for the Petitioner : MD. A HUSSAIN, MR. K ALOM,MR. T ISLAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON’BLE MRS. JUSTICE MITALI THAKURIA

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O R D E R

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Date : 04.05.2026.

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Heard Mr. A. Hussain, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Addl. P.P., Assam appearing on behalf of the State respondent.

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Page No.# 2/3

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This application under Section 528 of the BNSS, 2023 read with Article 227 of the Constitution of India is filed challenging the impugned order dated 11.06.2025 as well as 19.03.2026, passed in Sessions Case No.63/2022, by the learned Addl. Sessions Judge (FTC) No.3, Kamrup (M) at Guwahati, whereby NBWA has been issued against the present petitioner.

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It is submitted by Mr. Hussain, the learned counsel that the petitioner was regularly appearing before the learned Trial Court below and on 17.12.2024 also he was present. However no witnesses were turned up and the next date was fixed for evidence on 25.03.2025 but on that day also he was absent with steps and on his behalf, a petition was filed by his engaged counsel. Thereafter, the next date was fixed on 11.06.2025 but on that day, no step was taken for the present petitioner and the learned Trial Court below had issued the NBWA against him and on the subsequent date also, the NBWA was issued against him on 19.03.2026. The learned counsel for the petitioner further submitted that there was no intentional lapses on the part of the present petitioner, as he went to Kerala to earn his livelihood and his engaged counsel did not take steps on his behalf for which the NBWA has been issued by the learned Trial Court below. Further, the petitioner is ready and willing to appear before the learned Trial Court below and to contest the case accordingly, if the order of issuance of the NBWA is recalled at this stage.

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Mr. Sarma, the learned Addl. P.P., Assam submitted in this regard that from the order sheets along with the petition, it seems that in two occasions, the present petitioner remained absent without step and the NBWA was accordingly issued on 11.06.2025. Mr. Sarma accordingly submitted that the petitioner may be directed to appear before the learned Trial Court below with an appropriate

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Page No.# 3/3

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application for bail which may be considered in accordance with law.

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Hearing the submissions made by learned counsel for both sides, earlier conduct of the accused petitioner and other aspects of the case, this Court is of the opinion that the present petitioner may be given one chance to appear before the learned Trial Court below with an application for regular bail which may be considered in accordance with law.

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It is ordered accordingly. however, till the next date of listing, the NBWA issued against the present petitioner be stayed/suspended.

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This criminal petition stands allowed and disposed of accordingly.

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JUDGE

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Comparing Assistant

Baharul Islam v. the State of Assam and Anr.

Case brief

What is this about?

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Baharul Islam v. the State of Assam and Anr.

Case brief

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