In IA Crl No 453/2021, the Gauhati High Court allowed an interim bail extension and time to appear before the IO for the petitioner, citing illness and late receipt of certified copy, disposing of the application within 7 days. [49 words]
Interim bail extended till receipt of Case Diary; petitioner to appear before IO within 7 days.
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GAHC010179122021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/453/2021 In AB No. 3138/2021
NURUL HOQUE SARKAR S/O- ABDUL MOZID SARKAR, R/O- VILL.- ASHARIKANDI, P.O. ASHARIKANDI, P.S. GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783331.
VERSUS
THE STATE OF ASSAM REP. BY THE P.P., ASSAM
Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
12.11.2021
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State of Assam.
By way of this application, the petitioner has sought for further time to appear before the IO, in terms of the order dated 05.10.2021 and has also prayed for extending the period of interim that has been passed in AB No. 3138/2021.
It is contended that due to suffering from fever and receipt of the certified copy at a
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later stage, the petitioner could not appear before the IO, as directed. Having regard to the submissions so made, the prayer is allowed.
The petitioner will appear before the IO, within a period of 7 (seven) days from today and his interim bail is also extended till receipt of the Case Diary in the main case. Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant time to appear before the Investigating Officer and extend interim bail.
Whether the petitioner's sickness and delayed receipt of documents justify the extension.
NURUL HOQUE SARKAR
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
