Page No.# 1/4 GAHC010164462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/789/2025 SRI GOJANAND MUNDA ALIAS GAJANAND MUNDRA SON OF LATE RAM DAYAL MUNDRA , RESIDENT OF WARD NO 6, HOUSE NO 63, MANIRAM DEWAN PATH, TABIA BABU LANR , JORHAT, ASSAM 2: SRI NAND KISHOR MUNDRA SON OF LATE RAM DAYAL MUNDRA RESIDENT OF WARD NO 6 HOUSE NO 63 MANIRAM DEWAN PATH TABIA BABU LANR JORHAT ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. D BARUAH, MR. P K BORDOLOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 08.08.2025 Heard Mr. T. J. Mahanta, learned senior counsel assisted by Mr. D. Baruah, learned counsel for the applicant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for respondent No.1 and Page No.# 2/4 Mr. A. M. Bora, learned senior counsel assisted by Mr. A. K. Gogoi, learned counsel for the respondent No.2. By this Interlocutory application the applicant has prayed for extension of period of time to appear before the Investigating Officer as per order dated 10.07.2025 passed by this Court in AB No. 1535/2025 granting interim bail in Jorhat PS Case No. 308/2025. It is submitted by the learned counsel for the petitioner that vide order dated 10.07.2025, the petitioner was granted interim protection with seven conditions. In 7th condition it was stated that the petitioner shall have to appear before the IO within seven days of the order failing which such pre-arrest bail would be lapsed by the efflux of time. It is submitted by the learned counsel for the petitioner that subsequently due to lodging of another case on 14.07.2025 the petitioner No.1 could not appear and for the same this application has been filed for seeking extension. At this stage, it may not be necessary to burden this matter with the details of allegation and other materials giving rise to the bail petition. Learned senior counsel for the respondent No.2, Mr. A. M. Bora submits that as the petitioner herein failed to appear within the stipulated period of seven days as directed by the Court, the subsequent direction with regard to that condition has already came into effect leading to lapse of the interim protection and therefore, it cannot be extended. I have perused the materials pertaining to the prayer of extension and considered the submission of the learned counsel of both sides. Page No.# 3/4 It is also submitted that the petitioner No.2 had appeared and the extension is sought for only with regard to petitioner No.1 i.e. the present petitioner who could not appeared. At this stage, learned senior counsel for the petitioner has drawn my attention to the order dated 07.08.2025 passed by a co-ordinate Bench of this Court whereby the interim order granted earlier i.e. by order dated 10.07.2025 was extended till next date of listing and the matter thereafter was listed today i.e. 08.08.2025. At this point the learned senior counsel for the respondent No.2 submits that though the interim has been extended by a the court till today and there is no dispute with regard to that, however, in view of the materials available in this case the petitioner is not deserving of another extension to appear before the I.O. I have given my consideration opinion to the matter. Considering the grounds contended by the applicant for not being able to appear on 14.07.2025, I find some forces in the projected difficulties due to lodging of another criminal case against him. Keeping this aspect of the matter and also in view of the order dated 07.08.2025 passed by this Court yesterday, giving an opportunity to the applicant to appear before the I.O. to record his statement would be helpful to the investigation specially when the Court had earlier directed him for appearance before the I.O. for such purpose and the statement of the other petitioner has already been recorded. Accordingly, in the fact and circumstances and in the backdrop of the point discussed above, allowing the I.A., the interim order passed Page No.# 4/4 vide order dated 07.08.2025 and extended vide order dated 10.07.2025 shall stand extended to the next date of listing and the petitioner herein shall appear before the IO within (seven) days from today and make himself available for examination. In view event of failure of this condition, the interim protection would be liable to be vacated, by this Court. Interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant