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Supreme Court - Daily Orders

Mohet Hojai vs National Investgation Agency on 7 February, 2020

Bench: Deepak Gupta, Aniruddha Bose

                                                    1

     ITEM NO.40                            COURT NO.16                SECTION II

                              S U P R E M E C O U R T O F       I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)               No(s).      9991/2019

     (Arising out of impugned final judgment and order dated 22-08-2019
     in IA (CRL) No. 500/2019 passed by the Gauhati High Court)

     MOHET HOJAI                                                      Petitioner(s)

                                                   VERSUS

     NATIONAL INVESTGATION AGENCY                                     Respondent(s)

     Date : 07-02-2020 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE DEEPAK GUPTA
                         HON'BLE MR. JUSTICE ANIRUDDHA BOSE


     For Petitioner(s)             Mr.   Huzefa A. Ahmadi, Sr. Adv.
                                   Mr.   Arunabh Chowdhury, Adv.
                                   Mr.   Abhishek Roy, Adv.
                                   Mr.   Dechen W. Lachungpa, Adv.
                                   Ms.   Barnali Chowdhury, Adv.
                                   Mr.   Rahul Pratap, AOR
                                   Mr.   Karma Dorjee, Adv.

     For Respondent(s)             Mr.   Aman Lekhi, ASG.
                                   Ms.   Ranjana Narayan, Adv.
                                   Mr.   Shuvodeep Roy, Adv.
                                   Mr.   B. V. Balaram Das, AOR

                         UPON hearing the counsel the Court made the following
                                            O R D E R

Earlier also, the petitioner had filed SLP(Crl.) D.No.1941 of 2018 wherein he had challenged the order of the High Court rejecting his bail application.

This Court on 13.04.2018, while rejecting the special Signature Not Verified leave petition had requested the High Court to dispose of the Digitally signed by DEEPAK SINGH Date: 2020.02.11 16:02:29 IST Reason: appeal within one year and had made it clear that the petitioner would be entitled to renew his request for grant of bail, if matter 2 would not be decided in one year.

The matter was not decided within one year and the High Court has not granted bail to the petitioner and one of the grounds taken is that the petitioner did not approach the Court for early hearing.

We do not think that this is a right approach but since we are told that the matter is ready for hearing before High Court, we adjourn the matter by eight weeks and the matter be listed on 27.04.2020.

In the meantime, we expect that the High Court shall dispose of the main appeal on merits. We request the parties not to request for adjournment before the High Court.

Registry is directed to communicate the copy of this order to the Registrar General of the High Court.

  (SWETA DHYANI)                                         (PRADEEP KUMAR)
SENIOR PERSONAL ASSISTANT                                 BRANCH OFFICER