Md. Joynuddin Ali @ Jainuddin Sk v. The Union of India and 4 Ors

ORDER O4.11.2024 (K.R. Surana, J.) Heard Mr. F. U. Borbhuiya, learned counsel for the petitioner. Also heard Mr. B. Chakraborty, learned CGC. Ms. A. Verma, learned Standing Counsel, Home Department, for respondent Nos. 2, 3 and 5, Mr. R. K. D. Talukdar, learned Government Advocate appearing for the respondent No. 5 are present. By order dated 26.04.2024, while issuing rule in the connected writ petition i.e. WP(C) No. 5271/ 2017, an interim bail was granted to the petitioner with a direction to appear before the Superintendent of Police

(B), Bogaigaon on or before 22.05.2024 and it was provided that on failure to appear or to serve extra copies of the writ petition to the respective counsel for the respondents, interim order would stand automatically vacated. The applicant did not appear before the Superintendent of Police (B), Bongaigaon, within the time permitted and it is projected in this interlocutory application that the applicant could not be contacted over his phone number provided for which there was a delay. The learned Standing Counsel for the Home Department has opposed the prayer for extension of time on the ground that the applicant was Page No.# 3/3 negligent. Be that as it may, last opportunity of 7 (seven) days from today is granted to the applicant namely, Md. Joynuddin Ali, to appear before the Superintendent of Police (B), Bongaigaon, in terms of order dated

26.04.2024, passed in WP(C) No. 5271/2017 failing which, this order shall lapse by afflux of time. On appearance of the applicant before the Superintendent of Police

(B), Bongaigaon within the extended time, the said authority shall do the needful in terms of the said order 26.04.2024 passed in WP(C) No. 5271/2017 in the event that the applicant is ready and willing to take bail. This order shall be read together with order dated 26.04.2024, passed by this Court in WP(C) No. 5271/2017. The phone number of the applicant, as provided in the affidavit appended to this application shall be updated in the CIS data of this Court in the connected writ petition. In terms of the above, this interlocutory application stands disposed of.

JUDGE

JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010133092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2164/2024o MD.oJOYNUDDINoALIo@oJAINUDDINoSK.o S/O.oLT.oDHONEoALIo@oDHONAIoALI,oVILL.oBORGHOLAoPART-I,oP.S.o JOGIGHOPA,oDIST.oBONGAIGAON,oASSAM. VERSUSo THEoUNIONoOFoINDIAoando4oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoHOMEo AFFAIRS,oNEWoDELHI. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMM.oandoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-06. 3:THEoDY.oCOMMISSIONER oBONGAIGAON oDIST.oBONGAIGAON. 4:THEoSUPERINTENDENToOFoPOLICEoB oBONGAIGAON oASSAM. 5:THEoOFFICER-IN-CHARGE oJOGIGHOPAoPOLICEoSTATION oDIST.oBONGAIGAON oASSAMo Page No.# 2/3 Advocate for the Petitioner : MR F U BARBHUIYA, MS.S DAS,MR.F U BORBHUIYA Advocate for the Respondent : DY.S.G.I., GA, ASSAM,ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE KARDAK ETE