Sikkim High Court

Crl. M. C./6/2019 of Aasim Tahami Vs State of Sikkim on 20 August 2019

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COURT OF SIKKIM Record of Proceedings Crl. M. C. No. 6/2019 AASIM TAHAMI PETITIONER (S) VERSUS STATE OF SIKKIM. RESPONDENT (S) Date: 20/08/2019 CORAM : HON’BLE MR. JUSTICE VIJAI KUMAR BIST, CJ. For Petitioner : Mr. Jorgay Namka, Ms. Tashi Doma Sherpa and Mr. Simeon Subba, Advocates. For

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Crl. M. C. No. 6/2019

AASIM TAHAMI

PETITIONER (S)

VERSUS

STATE OF SIKKIM.

RESPONDENT (S)

Date: 20/08/2019

CORAM :

HON’BLE MR. JUSTICE VIJAI KUMAR BIST, CJ.

For Petitioner : Mr. Jorgay Namka, Ms. Tashi Doma Sherpa and Mr. Simeon Subba, Advocates. For Respondent : Mr. S.K. Chettri and Ms. Pollin Rai, Asstt. Public Prosecutors.

…

Heard the Learned Counsel for the petitioner.

First Information Report was lodged against the petitioner under Section 376 of I.P.C at Sadar Police Station, Gangtok. The petitioner presented himself before the Investigating Officer (IO) of the case at Sadar Police Station, Gangtok after which he was taken into custody on 08.07.2019. The petitioner filed an application for bail before the Learned Judge, Fast Track Court, East, which was allowed on 17.07.2019 with certain conditions. Thereafter, after completing all formalities, he was released on bail. On 31.07.2019, the petitioner over telephone was asked to appear before the Fast Track Court, East and North Sikkim at Gangtok same day and when he reached the court, he came to know that Shri Biren Kumar Trikhatri filed an application for withdrawal of his surety. The petitioner, who is not from Sikkim, is in great difficulty to manage to produce another local surety, but managed the surety of Shri Lakpa Dorjee Sherpa, who had also filed all his relevant documents and declaration on the same day. But on 01.08.2019, he also withdrew his surety after which the petitioner was immediately taken into custody.

The petitioner originally hails from Bihar. When left with no other option, once again on 09.08.2019, he filed an application under Section 441 of the Criminal Procedure Code, 1973 with a prayer to accept the surety furnished by Shri Abdul Mann, father of the petitioner, who is a permanent resident of Village Behli, P.O. Belhi, P.S. Sazdar Darbhanga, District- Darbhanga, Bihar and a retired Government Officer. Shri Abdul Mann also furnished original landed property papers of three different lands. However, the Learned Judge, Fast Track Court, East and North Sikkim at Gangtok directed to post the application on 28.08.2019.

The contention of the Learned Counsel for the petitioner is that the Learned Judge should have decided the application same day or on the next day as all formalities were completed. He submitted that after grant of bail by the same court, the petitioner cannot be kept inside the jail for a long period.

I am satisfied with the submission of the Learned Counsel for the petitioner. The application of the petitioner should have been decided by the Learned Judge at the earliest. The Learned Counsel for the petitioner submits that he is ready to appear before the Court along with his surety tomorrow itself.

Considering the above, I dispose of the petition with the direction to the Learned Judge, Fast Track Court, East and North Sikkim at Gangtok to decide the application moved by the petitioner on 21.08.2019.

Let certified copy of this order be supplied to the parties today itself on payment of usual charges.

Index : Yes/ No

Internet : Yes / No

Chief Justice

20.08.2019

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