Allowed

Amir Hamja v. the Union of India and 5 Ors.

Gauhati HC13 Jun 2022I.A.(Civil)/1632/2022

Case brief

AI extract

What is this about?

In this bail application, the Gauhati High Court extended the 15-day period granted to the applicant for appearance before the Superintendent of Police by another 15 days, accepting his plea of acute bacillary dysentery preventing compliance.

What did the court decide?

Extension of time for appearance before the Superintendent of Police (B), Barpeta granted for another 15 days.

Amir Hamja Vs the Union of India and 5 Ors. — Bail and Remand | Gauhati HC (2022)

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GAHC010106872022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/1632/2022

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AMIR HAMJA

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S/O- LATE DELOWAR RAHMAN @ DELOWAR AKAND @ DELOWAR, R/OVILL.- BHETUMARITUP, P.S. SORBHOG, DIST. BARPETA, ASSAM, PIN781317.

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VERSUS

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THE UNION OF INDIA AND 5 ORS

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REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, TRILOK MARG, NEW DELHI-110001.

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HOME DISPUR GUWAHATI-781006.

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3:THE ELECTION COMMISSIONER OF INDIA THROUGH ITS SECRETARY NIRBACHAN BHAWAN NEW DELHI-1.

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4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM BHANGAGARH GUWAHATI- 781005. 5:THE DEPUTY COMMISSIONER BARPETA

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P.O. P.S. AND DIST. BARPETA ASSAM PIN- 781301. 6:THE SUPERINTENDENT OF POLICE (B) BARPETA P.O. AND DIST. BARPETA ASSAM PIN- 781301

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Advocate for the Petitioner : MR M AHMED

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE

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HON’BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON’BLE MR. JUSTICE NANI TAGIA Order

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13-06-2022

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[N. Kotiswar Singh, CJ (Acting)]

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Heard Mr. M. Ahmed, learned counsel for the applicant. Also heard Mr. K.K. Parasar, learned CGC appearing for respondent nos.1 & 4; Mr. G. Sarma, learned Special Standing Counsel, F.T. appearing for respondent no.6; Mr. A. Bhuyan, learned Standing Counsel, ECI, for respondent no.3 and Mr. N.K. Das, learned Government Advocate, Assam, appearing for respondent nos.2 & 5.

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The present application has been filed for extension of time for appearance of the applicant before the Superintendent of Police (Border), Barpeta.

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By order dated 06.04.2022 passed in WP(C) No.2489/2022, the applicant, namely, Amir Hamja was granted interim bail by this Court subject to the condition that the applicant shall appear before the Superintendent of Police (B), Barpeta within 15 (fifteen) days and

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furnish a bail bond of Rs.5000/- (Rupees Five Thousand) with one surety, etc.

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Learned counsel for the applicant submits that the applicant could not appear before the Superintendent of Police (B), Barpeta within a period of 15 days because the petitioner was suffering from Acute bacillary Dysentery from 08.04.2022 to 24.04.2022 and because of his weakened physical condition he could not appear before the Superintendent of Police (B), Barpeta within the period of 15 days granted to him by order dated 06.04.2022 passed in WP(C) No.2489/2022 and accordingly, the learned counsel for the applicant prays that the petitioner may be granted some more time to appear before the Superintendent of Police (B), Barpeta. Accordingly, the applicant prays for extension of time by another 15 days.

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Considering the nature of the case and after hearing learned counsel for the parties, we hereby extend the period granted to the applicant to appear before the Superintendent of Police (B), Barpeta by another 15 days from today.

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Let the applicant appear before the Superintendent of Police (B), Barpeta within 15 days from today in terms of the order passed on 06.04.2022 in WP(C) No.2489/2022 and do the needful in terms of the aforesaid order.

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The Interlocutory Application stands allowed.

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JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Amir Hamja v. the Union of India and 5 Ors.

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Amir Hamja v. the Union of India and 5 Ors.

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