Mustafa Lyndoh v. The State of Assam

Page No.# 1/2 GAHC010134862024

2024:GAU-AS:12260

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1738/2024 MUSTAFA LYNDOH SON OF JENNY LYNDOH, RESIDENT OF UMLYNGKDAIT, NONGPOH (ic) RI BHOI, NONGPOH MEGHALAYA, PIN-793102 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M MAHANTA, Advocate for the Respondent : PP, ASSAM,

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

04/12/2024 Heard Mr. M Mahanta, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent.

¶2By order dated 22.11.2024, the prayer of the petitioner in this pre-arrest bail application pertaining to Dispur P.S. Case No. 170/2024 has already been taken care of and to that extent, this anticipatory bail application does not require any further adjudication. Page No.# 2/2

¶3However, this pre-arrest bail application was kept alive, whereby the Investigating Officer of said Dispur P.S. Case No. 170/2024 was directed to file an affidavit in this matter, as inspite of granting time, the concerned Investigating Officer failed to submit the case diary till 18.11.2024 and the interim bail granted to the petitioner on 02.07.2024 was extended.

¶4Pursuant to the order of the Court dated 11.11.2024, the Investigating Officer of said Dispur P.S. Case No. 170/2024 remained personally present before the Court on 18.11.2024 and 22.11.2024.

¶5Pursuant to the order of the Court dated 22.11.2024, Mr. Ujjal Pegu, Sub-Inspector of Police, the concerned Investigating Officer of said Dispur P.S. Case No. 170/2024 is personally present before the Court today and submitted that he has filed an affidavit in the matter on 29.11.2024 pursuant to the order of the Court dated 22.11.2024.

¶6Mr. Ujjal Pegu, Sub-Inspector of Police, the concerned Investigating Officer of said Dispur P.S. Case No. 170/2024 has tendered unconditional apology before this Court for his lapses in forwarding the case diary as well as the submission of the report of charge-sheet in the case before the Court within time, assuring before the Court that in future there shall not be any such lapses on his part in complying with the orders of the Court.

¶7Because of such unconditional apology and assurance before the Court, the personal appearance of Mr. Ujjal Pegu, Sub-Inspector of Police, the concerned Investigating Officer of said Dispur P.S. Case No. 170/2024 is hereby dispensed with directing him to be cautious in future so that he complies with the orders of the Court forthwith.

¶8With the above observations, this pre-arrest bail application stands closed.

JUDGE Comparing Assistant