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Judgment
W. Diengdoh, J
Heard Mr. C.C.T. Sangma, learned counsel for the petitioner who has submitted that the notice issued upon the respondent No. 3 has been duly affected and an affidavit-of-service has been filed in this regard. At this point, Mr. S. Sengupta, learned Addl. P.P has submitted that the respondent No. 3/survivor is yet to appear before this Court since this is the first time the matter was taken up for hearing after the said notice was issued upon the said respondent.
Considering the fact that this is a bail application where opportunity is given to survivor or complainant to be heard, it is, therefore, prayed that one more opportunity may be given to the respondent No. 3 to be heard in this matter.
This Court has considered the submission made and would not dwell on the merits of the case at this point of time. However, it may be observed that the Hon’ble Supreme Court from time to time has observed and directed that any bail matters involving women and children the survivor or complainant is to be heard therefore, if adequate opportunity is not given to such survivor or complainant the import of such direction of the Hon’ble Supreme Court would come to naught. This being the case, on the submission of the learned Addl.
P.P even considering that this is a bail application which deserves to be disposed of expeditiously, the matter is therefore now posted to be heard before the next vacation bench of this Court.
List this matter on 11.01.2024 for further hearing.