Rajdip Bhuyan v. The State of Nagaland

ORDER Date : 24-08-2023 Heard Mr. I. H. Saikia, learned counsel for the applicant. Also heard Mr. V. Zhimomi, learned Public Prosecutor, Nagaland. By filing this application the applicant Rajdip Bhuyan prays for extension of the period for appearing before the Investigating Officer as directed by this Court on 04.08.2023. This Court, on 04.08.2023 has directed the accused/applicant Shri Rajdip Bhuyan to appear before the Investigating Officer of East PS Case No. 142/2023 within a period of 10 (ten) days from the date of the order and to cooperate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with East PS Case No. 14/2023 he was allowed to go on interim bail of ₹30,000/- (Rupees Thirty Thousand) to the satisfaction of the arresting authority. Mr. I.H. Saikia, learned counsel for the applicant submits that the applicant is suffering from various ailments and he has been advised to avoid travelling by 2-wheelers and to take bed rest for one month by the doctor, for which he prays for extension for further time for appearing before the Investigating Officer, Page No.# 3/3 preferably by 1 (one) month. Mr. V. Zhimomi, learned Public Prosecutor has referred to the case report submitted by the Investigating Officer and submits that as per the records the applicant/accused is fit and sound. He submits that the applicant has not complied with the notice under Section 41A of CrPC, 1973 and is absconding for which bail cannot be granted to such an absconding accused. I have considered the submissions of the learned counsel for the parties and also perused the materials available on record. Considering that the applicant has filed Crl. Pet./18/2023 for quashing of the FIR as well as non-bailable warrant issued by the concerned court, that this Court has stayed the non-bailable warrant of arrest in the Criminal petition, and coupled with the submissions of the learned counsel for the applicant that the applicant/accused is suffering from various ailments, this Court deems it fit to grant another 10 (ten) days time to appear before the Investigating Officer on the same terms and conditions as directed and ordered by this Court on 04.08.2023. It is made clear that if the accused/applicant fails to appear as directed hereinabove this order dated 04.08.2023 stands automatically cancelled. I.A. stands disposed of.

Sd/- JUDGE Comparing Assistant

Page No.# 1/3 GAHC020004192023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Crl.)/14/2023 RAJDIP BHUYAN S/O LATE LAKHI BHUYAN, R/O H.NO.-48, ANANDA NAGAR, SIXMILE, DIST-KAMRUP(M), ASSAM-781022 VERSUS THE STATE OF NAGALAND KOHIMA NAGALAND Advocate for the Petitioner : I H SAIKIA Advocate for the Respondent : P.P, NAGALAND Linked Case : AB/30/2023 RAJDIP BHUYAN MANAGING DIRECTOR M/S PLANCRAFT. H/NO-48 1ST 2ND AND 3RD FLOOR AXIS BANK BY-LANE NO.2 6TH MILE KAMRUP(M) ASSAM-781002 VERSUS THE STATE OF NAGALAND KOHIMA NAGALAND ------------ Page No.# 2/3 Advocate for : MOA JAMIR Advocate for : P.P NAGALAND appearing for THE STATE OF NAGALAND BEFORE HONBLE MR JUSTICE KARDAK ETE