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2025 DAILYLAW 20377 (GAU)

SHELIM JAFAR KHAN ALIAS SALIM JAFAR KHAN v. THE STATE OF ASSAM

I.A.(Crl.)/1130/2025 · 2025-10-14

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010229422025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1130/2025 SHELIM JAFAR KHAN ALIAS SALIM JAFAR KHAN SON OF MOHI UDDIN SALIM KHAN VILL- BAIRAGICHAK P.O. AND P.S. NILAMBAZAR, DIST. SRIBHUMI, ASSAM- 788722 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR H R A CHOUDHURY, MS R DEKA,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15-10-2025 Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. S.S. Ahmed, learned counsel appearing for the accused applicant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State. This is an application for extension of time for appearance in terms of the order dated 09.10.2025 passed by this Court in AB No. 2428/2025 in connection with Nilambazar P.S. Case No. Page No.# 2/2 133/2025 registered under section 121(1)/132/296/351(2)/109/3(5) of BNS, 2023. The learned senior counsel appearing for the accused applicant submits that this Court vide order dated 09.10.2025 has allowed the accused applicant to go on pre-arrest bail with the direction to appear before the Investigating Authority within seven days of the aforesaid order. However, the accused applicant could not appear before the Investigating Authority as the accused applicant has learnt from reliable sources that the police is contemplating to register a complaint by converting the GD Entry under non-bailable Sections and thereby contemplating to arrest the accused applicant. He further submits that the accused applicant has already preferred another pre-arrest bail application in connection with the aforesaid Nilambazar P.S. GDE No. 20 dated 23.09.2025, which is numbered as AB No.2442/2025 and is pending before this Court. Learned senior counsel submits that the accused applicant is desirous to appear before the Investigating Authority and cooperate with the investigation. Therefore, he prays that this Court may extend the time for his appearance before the Investigating Authority. The learned Additional Public Prosecutor appearing for the State submits that the apprehension of the accused applicant is not correct as police has not filed any complaint against the accused applicant as yet. After considering the entire aspect of the matter and the willingness of the accused applicant to appear before the Investigating Authority and cooperate with the investigation, this Court is of the opinion that time for appearance before the Investigating Authority in terms of its earlier order dated 09.10.2025 should be extended for another 7 (seven) days from today with the same terms and conditions as passed vide, order dated 09.10.2025. In view of the aforesaid direction, the instant I.A. stands disposed of as allowed. JUDGE Comparing Assistant