Gauhati High Court

CIVIL APPEAL 2194/2010 on 23 December 2019

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GAHC010012222020

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

Case No. : I.A.(Crl.) 44/2020

1:MD. KABIL ALI S/O- IDDRISH ALI, VILL- SONARI GAON, P.S- DHING, DIST- NAGAON, ASSAM

VERSUS

1:THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM

Advocate for the Petitioner : MR. I H BARBHUIYA

Advocate for the Respondent : PP, ASSAM

Linked Case : Crl.Pet. 1504/2019

1:MD. KABIL ALI S/O IDDRISH ALI VILL-SONARI GAON P.S.-DHING DIST-NAGAON ASSAM

VERSUS

1:THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM

2:MD. ABDUL MAZID

S/O ABDUL MALEK VILL-DHING BOTABARI P.S.-DHING DIST-NAGAON ASSAM Advocate for the Petitioner : MR. I H BARBHUIYA Advocate for the Respondent : PP ASSAM

BEFOREHONOURABLE MR. JUSTICE AJIT BORTHAKUR

Date : 24-01-2020

ORDER

Heard Mr. T. Thakuria, learned counsel for the applicant and Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing on behalf of the State/respondent.

By this interlocutory application, the applicant has prayed for extension of time for appearing before the Court of learned SDJM(S), Nagaon, in connection with G.R. Case No. 2194/2010, recalling the order of Warrant of Arrest as per this Court’s order, dated 20.12.2019, passed in Crl. Pet No. 1504/2019.

Mr. T. Thakuria, learned counsel for the applicant submits that although the applicant was directed to appear before the learned Court below on 30.12.2019, in the meantime, as he was suffering from heart disease and had to undergo treatment from 23.12.2019 to 29.12.2019, he could not appear before the learned Court below on that day. In this regard, Mr. Thakuria has drawn attention to the medical document issued by the Dhing First Referel Unit Hospital, Nagaon.

Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam has raised objection against the extension of time on the ground that the applicant had not informed the learned Court below about his ill-health before the date fixed, for his appearance.

Upon hearing the learned counsel for both the sides and consideration of the avermentsmade in the application along with the documents annexed thereto, this Court is satisfied thatas the applicant was suffering from heart disease from 23.12.2019 to 29.12.2019, he could not appear before the learned Court below and as such, an opportunity is hereby granted finally to the applicant to appear before the Court of learned SDJM(S), Nagaon on 30.01.2020. Till then the execution of the Warrant of Arrest issued against him shall be keptin abeyance.

With the above direction, the IA stands disposed of.

JUDGE

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