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Judgment
B. Bhattacharjee, J
The present petition has been filed by the petitioner against the impugned order dated 11.04.2025 passed in Sessions Case No.31/2016 by the learned Sessions Judge, Ri-Bhoi District whereby a Non Bailable Warrant of Arrest (NBWA) was issued against the petitioner.
The fact of the case is that the petitioner stood as a surety for the accused Shri. Raja Basumatary, who is a co-accused in NDPS Case No.31/2016 pending before the Sessions Judge, Nongpoh. It appears that because of non-appearance of the said accused person before the Trial Court, a NBWA was issued against the petitioner by the impugned Order dated 11.04.2025. The contents of the order reveals that the issuance of the NBWA was necessitated by non-appearance of the petitioner in pursuant of previous issuance of the Bailable Warrant of Arrest (BWA) against him in the matter.
The learned counsel appearing for the petitioner contends that the learned Trial court was not correct in law in issuing BWA and NBWA against the petitioner as no such procedure is prescribed in criminal law. However, it is fairly submitted by the learned counsel that the petitioner is ready to appear before the Trial Court on the next date fixed i.e. 30.06.2025 and prays for stay of the execution of the NBWA issued against the petitioner.
The learned GA appearing for the State has no objection to the prayer made by the petitioner. However, he submits that in case of default of appearance by the petitioner on 30.06.2025 before the Trial Court, the NBWA issued against him may be allowed to be executed.
In view of the submission made by the parties, it is directed that the execution of the NBWA issued against the petitioner by the order dated 11.04.2025 shall remain suspended till 30.06.2025. The petitioner is directed to appear before the Court of the Sessions Judge, Nongpoh on 30.06.2025 without fail. It is made clear that in the event the petitioner fails to appear before the Trial Court on 30.06.2025, the learned Trial Court may proceed to get the NBWA executed.
With the above, this petition stands disposed of.