This order dismisses a bail application for non-prosecution after finding the petitioners failed to appear on three consecutive listing dates (26.10.2022, 22.11.2022, and 28.11.2022).
Bail application dismissed for non-prosecution due to lack of representation on four listing dates.
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Page No. 1/2
GAHC010188652022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2737/2022
RAJESH KRO AND 2 ORS S/O LATE GANESH KRO R/O VILL- SARIABIL, KARBI BLOCK, P.O. PABHOI P.S. BISWANATH CHARIALI, DIST. BISWANATH CHARIALI, PIN-784176
2: SRI KAMAL KRO S/O SRI DHANIRAM KRO R/O VILL- SARIABIL KARBI BLOCK P.O. PABHOI P.S. BISWANATH CHARIALI DIST. BISWANATH CHARIALI PIN-784176
3: SRI BIRENSING TAKBI S/O LATE MEN TAKBI R/O VILL- SARIABIL KARBI BLOCK P.O. PABHOI P.S. BISWANATH CHARIALI DIST. BISWANATH CHARIALI PIN-78417
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R P HAZARIKA
Advocate for the Respondent : PP, ASSAM
Page No. 2/2
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 28.11.2022
On the previous date of listing, 22.11.2022, this Court had passed the following
order :-
“ There is no representation on behalf of the petitioners today on call. When the application was listed on the previous occasion on 26.10.2022, there was no representation on behalf of the petitioners on that occasion also.
Mr. M.P. Goswami, learned Additional Public Prosecutor has submitted that he has received the case diary on 26.10.2022.
In view of non-representation on behalf of the petitioners today, the application stands deferred till 28.11.2022, for ends of justice. The learned Additional Public Prosecutor is to retain the case diary.
Let the application be listed again on 28.11.2022.
It is observed that in the event it is found that there is no representation on behalf of the petitioner on the next date, the Court will consider passing of appropriate order accordingly.”
Today also, there is no representation on behalf of the petitioners on call while Mr. M.P. Goswami, learned Additional Public Prosecutor is in attendance.
As the petitioners are found unrepresented on 3 [three] consecutive occasions of listing [26.10.2022, 22.11.2022 & 28.11.2022], it transpires that the petitioners are not interested to pursue the instant bail application. Accordingly, the bail application stands dismissed for non-prosecution.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to allow a bail application filed by unrepresented petitioners on multiple consecutive dates of listing.
1 provisions across 1 enactments
Rajesh Kro and 2 ors
The State of Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
