Atul Bokriya and 5 Ors v. The State of Nagaland

ORDER Date : 26-04-2024 Heard Mr. Moa Jamir, and Mr. Rishabh Jain, learned counsel for the applicants. Also heard Mr. V. Zhimomi, learned PP for the State of Nagaland. This application has been filed by the applicants under section 482 of the Code of Criminal Procedure, 1973 praying for staying of the impugned order dated 28.03.2024 passed by the Learned Principal and Sessions Judge, Kohima, Nagaland in I.A/341/2023 in respect of the present applicants namely Atul Bokriya, Mahindra Bokriya, Avinash Chorida, Arvinder Pal Singh, Raman Anand and Rahul Mishrilala Bothara. The learned counsel for the applicants submits that by an order dated 19.12.2023, the learned Principal and Sessions Judge, Kohima, Nagaland granted anticipatory bail to the above applicants for 45 (forty five) days, on the condition that the applicants shall appear before the I.O of the case within 45 (forty five) days, and that the applicants shall not directly or indirectly make any Page No.# 3/4 inducement, threat or promise to any person acquainted with the facts of the case. Further it was directed that in the event of the accused persons/applicants being arrested in connection with the Kohima North PS case no. 09/2023 under section 120B/417/464/465/499 IPC, they shall be released on execution of bail bond of Rs. 20,000/- (Rupees twenty thousand). By an order dated 02.02.2024, the said interim anticipatory bail was extended till

28.02.2024 on the same terms and conditions, and subsequently on

28.02.2024, it was further extended till 27.03.2024. However, by the impugned order dated 28.03.2024, while extending the said interim anticipatory bail for another 30(thirty) days on the same terms and conditions, the learned Court has directed the applicants to appear and be present before the Court on 29.04.2024 for final hearing. Hence, the applicants filed Crl.Pet No. 12/2024 challenging the said order. The learned counsel for the applicants submits that by filing this IA, the applicants has a limited prayer for stay of the impugned order or to dispense the appearance of the applicants before the learned court of Principal and Sessions Judge, Kohima, Nagaland on

29.04.2024 for bail hearing. He further submits that the provision under section 438 1 B of the Code of Criminal Procedure which provides for personal appearance at the time of final hearing of the bail petition is not maintainable in law, as the said provision has not yet been brought into force till date. Mr. V. Zhimomi, learned PP submits that he is yet to receive an instruction is this regard. Page No.# 4/4 Having regards to the contention made in the application and the submission made by the parties, and considering that the matter is fixed on 29.04.2024, after which the application would become infructuous, I am of the opinion that the application can be disposed of. Accordingly, it is provided that the appearance of the accused persons/applicants before the learned Principal and Sessions Judge, Kohima, Nagaland on 29.04.2024 for bail hearing is hereby dispensed with. With the above, this IA stands disposed of.

Sd/- JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC020002012024 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kkI.A.(Crl.)/12/2024 ATUL2BOKRIYA2AND252ORS R/O2H.NO.23412 NEW2RAJINDER2NAGAR2 NEW2DELHI-110060 2:2MR.2MAHENDRA2BOKRIYA R/O2H-341 2NEW2RAJINDER2NAGAR 2NEW2DELHI-110060 23:2MR.2AVINASH2CHORDIA R/O2H-341 22ND2FLOOR 2NEAR2SATSANG2NEW2RAJINDER2NAGAR 2NEW2DELHI-110060 24:2MR.2ARVINDER2PAL2SINGH R/O2B-29121ST2FLOOR 2LOK2BIHAR 2PITAMPURA 2NEW2DELHI-110060 25:2MR.2RAMAN2ANAND R/O2H-341 2SECTOR29 2ROHINI 2NEW2DELHI-110060 26:2MR.2RAHUL2MISHRILAL2BOTHARA R/O2B-291 1ST2FLOOR 2LOK2BIHAR 2PITAMPURA2DELHI-110034 2VERSUS Page No.# 2/4 THE STATE OF NAGALAND KOHIMA NAGALAND ------------ Advocate for : MOA JAMIR Advocate for : P.P NAGALAND appearing for THE STATE OF NAGALAND BEFORE HON'BLE MR. JUSTICE BUDI HABUNG