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ALI ASHAD @ ALI ARSHAD @ KUHIAR v. THE STATE OF ASSAM AND ANR.

Court: Gauhati High Court

Bench: HONOURABLE MR. JUSTICE AJIT BORTHAKUR

Judgment date:

Case summary

Gauhati High Court judgment dated 2020-12-21. ALI ASHAD @ ALI ARSHAD @ KUHIAR v. THE STATE OF ASSAM AND ANR. Read the judgment and case details on LawSphereX.

Judgment text

Page No. # 1/3 GAHC010188092020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I. A. (Crl. )/581/2020 ALI ASHAD @ ALI ARSHAD @ KUHIAR S/O. MOMINULLAH, VILL. AND P. O. THENGASHALI, P. S. MIKIRBHETA, DIST. MORIGAON, ASSAM, PIN-782105 VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P. P. , GOVT. OF ASSAM 2:SAURAV BISWAS S/O BALAI BISWAS R/O BAROAKHARA NABADWIP P. S. -NABADWIP DIST-NADIA (W. B. ) C/O MADAN MOHAN OBEROI AND CO. WAREHOUSE SERVICE PROVIDER FOR ITC LTD. GUWAHATI P. O. AND P. S. -GARCHUK DIST-KAMRUP (M) PIN-78103 Advocate for the Petitioner : MS. R CHOUDHURY Advocate for the Respondent : PP, ASSAM Linked Case : Crl. Pet. /1456/2019 ALI ASHAD @ ALI ARSHAD @ KUHIAR Page No. # 2/3 S/O MOMINULLAH VILL AND P. O. -THENGASHALI P. S. -MIKIRBHETA DIST-MORIGAON (ASSAM) PIN-782105 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:SAURAV BISWAS S/O BALAI BISWAS R/O BAROAKHARA NABADWIP P. S.

-NABADWIP DIST-NADIA (W. B. ) C/O MADAN MOHAN OBEROI AND CO. WAREHOUSE SERVICE PROVIDER FOR ITC LTD. GUWAHATI P. O. AND P. S. -GARCHUK DIST-KAMRUP (M) PIN-781035 ------------ Advocate for : MR. A MOBARAQUE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER 21. 12. 2020 Heard Ms. R. Choudhury, learned counsel for the applicant and Mr. N. K. Kalita, learned Addl. PP for the State/respondent No. 1. By this application, the applicant has prayed for extension of time for his appearance before the learned trial Court granted vide order, dated 06. 12. 2019 in Crl. P. No. 1456/2019. Ms. R. Choudhury, learned counsel for the applicant submits that due to the COVID-19 Pandemic and expiry of his father, the applicant could not appear before the learned trial Court within the stipulated date on or before 16. 12. 2019. Page No. # 3/3 Having considered the grounds cited in the application, more particularly, in Para No.

5, this Court is of the view that for sufficient reason beyond the control of the applicant, he could not appear before the learned trial Court on or before 16. 12. 2019 as specified in the aforesaid order, dated 06. 12. 2019, in Crl P No. 1456/2019. Therefore, on being satisfied with the grounds cited in the application, the direction passed in the order, dated 06. 12. 2019 aforementioned requiring the applicant to appear before the learned trial Court on or before 16. 12. 2019 is hereby extended for 7(seven) more days from the date of this order. Now, the applicant shall appear before the Court of learned JMFC, Kamrup(M) at Guwahati within 7(seven) days from the date of this order. With the above direction, the IA stands disposed off. JUDGE Comparing Assistant

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