The court reinforced the importance of due process in criminal proceedings, allowing for conditional appearance of the petitioner to safeguard his rights while adhering to legal protocols.

Case No. : Crl.Pet./566/2025 MD JAHIRUL ISLAM @ JEHIRUL ISLAM S/O MOFIZ UDDIN @ MOIJUDDIN R/O NEAR BALIKA UKTAB SCHOOL, CHOTO RUPAHI, P.O.HERAPATTY P.S.NAGAON SADAR DIST.NAGAON, ASSAM PIN-782002 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. SK S N MOHAMMAD, MR. KHAIRUL ISLAM,FARNAZ N A HUSSAIN,MR A IKBAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

16/05/2025 Heard Mr. Sk. S. N. Mohammad, learned counsel for the petitioner and Mr. K K Das, learned Additional Public Prosecutor, Assam for the State respondent.

2. Petitioner, namely, Md. Jahirul Islam @ Jehirul Islam, is a charge-sheeted accused in Special (POCSO) Case No. 225/2023 arising out of Nagaon P.S. Case No. 153/2023 corresponding to G.R No. 780/2023 under Section 376(3) IPC read with section 4 of the POCSO Act. As the petitioner evaded arrest during the investigation of the case, he was shown as an absconder in the charge-sheet filed on 30.06.2023 in said Nagaon P.S. Case No. 153/2023 vide Charge-Sheet No.471/2023. Though, the Court of learned Special Judge (POCSO), Nagaon issued summon to the petitioner in said Special (POCSO) Case No. 225/2023 and summon was duly served upon him, but as he did not appear, the said Trial Court on 06.02.2024 issued order of Non-Bailable Warrant of Arrest (NBWA) against him for his appearance which continued by subsequent orders. In spite of such order of NBWA, the petitioner did not appear before the Court of learned Special Judge (POCSO), Nagaon in said Special (POCSO)

Case No. 225/2023.

3. The petitioner submitted that he is willing to appear before the Court of learned Special Judge (POCSO), Nagaon in said Special (POCSO) Case No. 225/2023, but because of the orders of NBWA issued against him by the said Trial Court, he is of the apprehension that once he appears before the said Trial Court, he will be detained in custody.

4. Hence this criminal petition under section 528 of the BNSS, 2023 praying for setting aside and quashing the impugned orders of NBWA issued against the petitioner, named above, in said Special (POCSO) Case No. 225/2023 pending before the Court of learned Special Judge (POCSO)-cum-

Additional Sessions Judge No-1, Nagaon.

5. It is seen that 23.05.2025 is the next date fixed for appearance of the accused petitioner in said Special (POCSO) Case No. 225/2023 before the Court of learned Special Judge (POCSO), Nagaon 6. Considering the entire aspects of the matter, this criminal petition is disposed of at the motion stage itself directing the petitioner, Md. Jahirul Islam @ Jehirul Islam, to appear before the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge No-1, Nagaon on 23.05.2025 in said Special (POCSO) Case No. 225/2023 arising out of Nagaon P.S. Case No. 153/2023.

7. On his such appearance before the learned Special Judge (POCSO)-cum-Additional Sessions Judge No-1, Nagaon in said Special (POCSO) Case No. 225/2023 arising out of Nagaon P.S. Case No. 153/2023, the petitioner shall file appropriate application for his bail in said Special (POCSO) Case No. 225/2023 as well as application for recalling the orders of NBWA issued against him by the learned Special Judge (POCSO), Nagaon.

8. In the event of his appearance before the learned Special Judge (POCSO)-cum-Additional Sessions Judge No-1, Nagaon on 23.05.2025 and in the event of filing any bail application as well as application for recalling the order of NBWA issued against him in said Special (POCSO) Case No.

225/2023 arising out of Nagaon P.S. Case No. 153/2023, the concerned Special Judge, shall consider the same in accordance with law, securing the presence of the petitioner, in said Special (POCSO)

Case No. 225/2023 on its subsequent dates and during the trial of the said case.

9. Enablin