Ranjit Kumar Basumatary v. The Central Bureau of Investigation

ORDER

16.08.2023

Heard Ms. R.B. Bora, learned counsel for the applicant. Also heard Mr. M. Haloi, learned Standing Counsel, CBI. By this interlocutory application, the applicant, namely Ranjit Kumar Basumatary, has prayed for extension of the time period for appearing before the Investigating Officer in terms of the order, dated 07.08.2023, passed in AB No.2361/2023. In Paragraph Nos.4 and 5 of the petition the applicant has averred supported by affidavit as hereinbelow extracted- "That, the Applicant states that he along with R.K.Sinha, John Kullu and Bishnu Prashad Brahma had gone to the CBI office at Betkuchi, Guwahati on 11.08.2023 for recording their statements as directed by the Hon'ble Court vide Order dated 07.08.2023 passed in A.B.No. 2361/2023 and other respective three Anticipatory bail applications filed by the other three persons. But they were not allowed to enter into the office on the ground that the Investigating Officer of the case is out of station and they were asked to come and record their statements after 13th day of August, 2023. Hence, having no other alternative, the Petitioner returned from the CBI office without his statement being recorded. It is pertinent to mention herein that the seven days period will expire on 13.08.2023 and in terms of the order of the Hon'ble Court, the interim pre-arrest bail order shall have no force and hence, this application is being filed Page No.# 3/3 praying for extension of time for appearance before the Investigating Officer for the purpose of recording his statement in the interest of justice.

¶5That the applicant states that he is ready to co-operate with the investigation of the case as and when necessary. It may be stated that the Applicant had gone to the CBI Office on

11.08.2023 and he was asked to come after 13.08.2023 for recording his statement. Since the interim protection provided by the Hon'ble Court would lapse on expiry of 7 (seven) days, there is an apprehension that he may be detained in the event of him appearing before the before the Investigating Officer on 14.8.2023 onwards and accordingly, this application is being filed by him praying for extension of time for appearance before the Investigating Officer for the purpose of recording his statement in the interest of justice." Upon hearing the learned counsel for both sides and considering the grounds cited in the application along with the documents annexed thereto, it is provided that the applicant shall appear before the I.O. within 7 (seven) days from today as directed by this Court vide the interim pre-arrest bail order, dated

07.08.2023, passed in A.B. No. 2361/2023. Let the connected A.B. No.2361/2023 be listed on 25.08.2023. With the above direction, the interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010181142023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/711/2023 RANJIT KUMAR BASUMATARY S/O- LATE BANIKANTA BASUMATARY, PRESENTLY RESIDING AT FLAT NO. F.E., FOURTH FLOOR HILL VIEW APARTMENT, NABAGRAHA ROAD, P.S. CHANDMARI, GUWAHATI, DISTRICT- KAMRUP (M), ASSAM, PIN- 781003 VERSUS THE CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY STANDING COUNSEL CBI Advocate for the Petitioner : MS. R B BORA Advocate for the Respondent : SC, CBI Linked Case : AB/2361/2023 RANJIT KUMAR BASUMATARY S/O- LATE BANIKANTA BASUMATARY PRESENTLY RESIDING AT FLAT NO. F.E. FOURTH FLOOR HILL VIEW APARTMENT NABAGRAHA ROAD P.S. CHANDMARI GUWAHATI DISTRICT- KAMRUP (M) ASSAM PIN- 781003 Page No.# 2/3 VERSUS THE CENTRAL BUREAU OF INVESTIGATION REPRESENTEN BY STANDING COUNSEL CBI ------------ Advocate for : MR. R DE Advocate for : SC CBI appearing for THE CENTRAL BUREAU OF INVESTIGATION BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR