Page No.# 1/2 vs The State Of Assam
2026 Latest Caselaw 1021 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam on 10 February, 2026

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                         Page No.# 1/2

GAHC010022872026




                                                                  2026:GAU-AS:1762

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

                               Case No. : Crl.Pet./176/2026

           KHAIRUL ESLAM
           S/O MD. KITAB ALI R/O SAMAGURI, SONARIBARI P.S. - SAMAGURI
           DISTRICT - NAGAON, ASSAM PIN 782140
           VERSUS
           THE STATE OF ASSAM
           REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : G. R. SINGHA,
Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : 10.02.2026

1. Heard Mr. G. R. Singha, learned counsel for the petitioner. Also heard Mr. Bhaskar Sharma, learned Additional Public Prosecutor for the State of Assam.

2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Sessions Case No.36/2023, pending in the Court of the learned Assistant Sessions Judge, Golagahat.

3. The petitioner Khairul Eslam is an accused before the Court below. Bailable warrant of arrest was issued against him but, it was not served. On the basis of the Page No.# 2/2

Police Report, trial court issued non-bailable warrant of arrest against the present petitioner.

4. The petitioner submits that he is interested in facing the trial and, therefore, he should be given adequate opportunity to that effect.

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

6. Since, the petitioner is interested in facing the trial he deserves to be given adequate opportunity to contest the case.

7. Therefore, his application is allowed.

8. The Non-Bailable Warrant of Arrest issued against the present petitioner Khairul Eslam shall be recalled.

9. The petitioner Khairul Eslam is directed to appear before the trial court within 10 (ten) days from today and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Assistant Sessions Judge, Golaghat.

10. With the aforesaid direction, this Criminal Petition stands disposed of.

JUDGE

Comparing Assistant