Gauhati High Court
Crl.Pet./1149/2026 of DILBAR ALI MONDAL ALIAS DILUWAR ALI MONDAL ALIAS MD SAFIQUR RAHMAN Vs THE STATE OF ASSAM on 18 August 2026
GAHC010172582026 2026:GAU-AS:11828 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1149/2026 DILBAR ALI MONDAL ALIAS DILUWAR ALI MONDAL ALIAS MD SAFIQUR RAHMAN S/O- LATE AFAZUDDIN MONDAL R/O. VILL.- SAJALPARA KIRTANPARA, P.S.- ABHYAPURI
GAHC010172582026
2026:GAU-AS:11828
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1149/2026
DILBAR ALI MONDAL ALIAS DILUWAR ALI MONDAL ALIAS MD SAFIQUR
RAHMAN
S/O- LATE AFAZUDDIN MONDAL R/O. VILL.- SAJALPARA KIRTANPARA, P.S.- ABHYAPURI DIST.- BONGAIGAON, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR D J HALOI, MR. KHAIRUL ISLAM,R KHANOM,MR. R
ISLAM,MR. S A HUSSAIN
Advocate for the Respondent : PP, ASSAM, BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
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ORDER
19.08.2026 Heard Mr. S.A. Hussain, learned counsel for the petitioner and also heard Ms. B. Bhuyan, learned Senior counsel-cum-Additional Public Prosecutor, Assam, assisted by Ms. R. Saloi, appearing for the State respondent.
2. In this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioner has challenged the orders dated 14.10.2025, 09.12.2025, 03.01.2026, 11.03.2026, 05.05.2026 and 22.06.2026, passed by the learned Additional Chief Judicial Magistrate, Morigaon, in PRC No.2307/2021. It is to be noted here that vide impugned orders dated 14.10.2025, 09.12.2025, 03.01.2026, 11.03.2026, 05.05.2026 and 22.06.2026, the learned Trial Court has issued non- bailable warrant of arrest against the petitioner.
3. The learned counsel for the petitioner submits that earlier this case was pending before the Court of learned Chief Judicial Magistrate, Morigaon, wherein he was represented by his engaged counsel. But, subsequently vide order dated 16.08.2025, the case has been transferred to the Court of learned Additional Chief Judicial Magistrate, Morigaon, and on account of the case being transferred to the Court of learned Additional Chief Judicial Magistrate, Morigaon, the counsel for the petitioner and the petitioner also could not appear before the Court of learned Additional Chief Judicial Magistrate, Morigaon, for which non-bailable warrant of arrest was issued against him. He also submits that the accused is ready to face trial and will appear before the learned Trial Court on each and every date and therefore, he has contended to allowed this petition.
4. Ms. Bhuyan, learned Addl. P.P. for the State respondent submits that the petitioner may be directed to appear before the learned Trial Court fixing a short date.
5. Accordingly, taking note of the submission of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the petitioner to appear before the learned Additional Chief Judicial Magistrate, Morigaon, on or before 27.08.2026 and to apply for regular bail or to allow him to remain on previous bail and in the event of filing such an application, the learned Trial Court shall consider the same in accordance with law.
6. Till then, the non-bailable warrant of arrest issued against the petitioner shall be kept in abeyance.
7. In terms of above, this criminal petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE