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Judgment
Heard Mr. J. Ahmed, learned counsel for the petitioners and Mr. T. N. Mishra, learned Addl. Public Prosecutor for the State respondent No. 1.
By this petition under Section 482 Cr.P.C., the petitioners have prayed to set aside and quash the impugned orders, dated 26.09.2017, 29.11.2017,
19.01.2018, 08.03.2018 and 25.04.2018 respectively, passed in Sessions Case No. 208/2017, pending in the Court of learned Addl. Sessions Judge,
F.T.C. No. 3, Kamrup (M), Guwahati and to recall the NBWA issued against them providing opportunity to appear before the said Court below, on
21.06.2018 and on their appearance to grant bail to them, on any condition.
Mr. Ahmed, learned counsel for the petitioners, submits that the GRPS, Guwahati laid a Charge-Sheet under Section 328/380 IPC against the
petitioners and another and thereupon, G. R. Case No. 8140/2017 has been registered.Thereafter, the Court of learned Addl. Chief Judicial
Magistrate, Kamrup (M), Guwahati committed the case to the Court of learned Sessions Judge, Kamrup (M), Guwahati, where it has been registered
as Sessions Case No. 208/2017. Mr. Ahmed submits that although on the order of this Court, the petitioners were released on bail by the committal
court, they had to leave for Meghalaya to work as labourers and could not come back early and as a result, they remained absent in the Court of
learned Addl. Sessions Judge, FTC No. 3, Kamrup (M), Guwahati, for which reason, by the impugned orders issued NBWA against them. Mr.
Ahmed, therefore, submits that their default in the learned Court below was not intentional one, but due to poverty and in the compelling
circumstances, had to remain away for a long period in Meghalaya to work as daily labourers.
Mr. Mishra, the learned Addl. Public Prosecutor, submits that as the petitioners are willing to participate in the relevant Court proceeding and in the
interest of expeditious trial of the case, it may be expedient to give them an opportunity to participate in the proceeding and to achieve that objective,
they may be directed to appear before the learned Court below and till their appearance, the NBWA issued against them may be directed to be
treated as bailable warrant of arrest imposing stringent condition (s) as this Court may deem fit and proper.
Perusal of the petition along with the documents appended thereto shows that the Charge-Sheet u/s 328/380 IPC, dated 12.09.2017, was received
against the petitioners and another and the case was accordingly committed to the Court of learned Sessions Judge, Kamrup (M), Guwahati vide
order, dated 30.08.2017 and transferred to the Court of learned Addl. Sessions Judge No. 3, Guwahati for disposal. It is further noticed that the
charges were framed and summons were issued to the prosecution witnesses. Although by order, dated 22.09.2017, the petitioners were released on
20.09.2017, thereafter, they remained absent without steps on consecutive dates, for which, by the impugned orders, NBWA have been issued against
them.
Thus, their case is of default in appearance before the learned trial Court.
On hearing of the learned counsel of both the sides and finding of facts as above, this Court is of the considered view that in the interest of speedy
disposal of the case, the execution of NBWA issued against the petitioners may be kept in abeyance so as to enable them to participate in the
proceeding.
Accordingly, the petitioners are directed to appear before the learned Court below on 25.06.2018 at 10.30 am, positively, and till then, the execution
of NBWA issued against them shall remain stayed.
The petitioners shall file application for their regular bail, if so advised and thereupon, the learned Court below shall dispose of the same in accordance
with law.