Youdhistra Bhama v. The State Of Assam To Be

GAHC010189912022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/553/2022 BALWAN BHAMA AND ANR S/O LATE MANUHARLAL BHAMA A RESIDENT OF HOUSE NO. 35-A BANGAON, BELTOLA, P.S. BASISTHA, DIST. KAMRUP (M), ASSAM 2: YOUDHISTRA BHAMA S/O SRI BALWAN BHAMA A RESIDENT OF HOUSE NO. 35-A BONGAON NEAR INCOME TAX RESIDENTIAL COLONY BELTOLA P.S. BASISTHA DIST. KAMRUP (M) ASSAM PIN 781022 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM, REPRESENTING BEFORE THIS HON'BE GAUHATI HIGH COURT. Advocate for the Petitioner : MR. M A I HUSSAIN Advocate for the Respondent : PP, ASSAM Linked Case : AB/1949/2022 BALWAN BHAMA AND ANRS/O LATE MANUHARLAL BHAMA A RESIDENT OF HOUSE NO. 35-A BANGAON BELTOLA P.S. BASISTHA DIST. KAMRUP (M) ASSAM2: YOUDHISTRA BHAMAS/O SRI BALWAN BHAMA A RESIDENT OF HOUSE NO. 35-A BANGAON BELTOLA P.S. BASISTHA DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAMTO BE REP. BY THE LEARNED PP ASSAM ------------ Advocate for : MR. M A I HUSSAINAdvocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFOREHONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI 23.09.2022 ORDER Heard Shri M.A.I. Hussain, learned counsel for the applicants/petitioners,who by means of this application had sought for extension of the date on whichthey were directed to appear before the I.O. The applicants had filed theconnected application for anticipatory bail under Section 438 of the Cr.P.C. inconnection with the Basistha P.S. Case No. 180/2020 registered under Sections12(B)/420/468/471 of IPC read with Section 66C/66D of IT Act, 2008. This Court vide order dated 12.07.2022, while calling for the Case Diary andfixing the next date as 27.07.2022 had given interim protection to the petitioners with a condition to appear before the I.O. on or before 18.07.2022. The learned counsel for the applicants / petitioners has submitted that dueto certain factors, they had to be outside the State of Assam and as such couldnot appear within the stipulated time. However, it is undertaken that theapplicants are ready and willing to appear on any date that may be fixed by thisCourt. Also heard Shri R. Baruah, learned Addl. Public Prosecutor, Assam whohowever submits that though he would not oppose in principle for fixing anotherdate for appearance, if however by the said date the petitioners fail to appear,the interim protection may be cancelled. After hearing the parties, this Court is of the opinion that interest of justice would be served if the date for appearance of the petitioners before the I.O. isextended by a reasonable period. Accordingly the petitioners are directed to appear before the I.O. on orbefore 03.10.2022. The interim protection granted earlier shall be extended. List this case after the vacation on 01.11.2022. It is however made clear that in case of failure to appear within thestipulated period, the interim protection would automatically get cancelled. The Interlocutory Application accordingly stands disposed of. JUDGE Comparing Assistant