Single judge order condoning a 42-day delay in filing an appeal by an appellant in jail, allowing the application under Section 5 of the Limitation Act.
Delay of 42 days in preferring appeal condoned; application disposed of.
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GAHC010074972018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 272/2018
1:MD TAFAJJUL ALI @ TAFIJUL ALI
S/O M D BASER ALI, R/O NO. 2 GANESHPUR, LALMATI, P.S. BASISTHA, DIST. KAMRUP (M), ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
2:SRI UDDHAB BARMAN S/O LATE M. BARMAN R/O NO. 2 GANESHPUR LALMATI P.S. BASISTHA DIST. KAMRUP (M) ASSAM
Advocate for the Petitioner : MR. S BORTHAKUR
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.) 273/2018
1:MD TAFAJJUL ALI @ TAFIJUL ALI S/O M D BASER ALI R/O NO. 2 GANESHPUR LALMATI P.S. BASISTHA DIST. KAMRUP (M) ASSAM.
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VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM. 2:SRI UDDHAB BARMAN S/O LATE M. BARMAN R/O NO. 2 GANESHPUR LAMATI P.S. BASISTHA DIST. KAMRUP (M) ASSAM. Advocate for the Petitioner : MR. S BORTHAKUR Advocate for the Respondent : PP ASSAM
Linked Case : Crl.A. 110/2018 1:MD TAFAJJUL ALI @ TAFIJUL ALI S/O M D BASER ALI R/O NO. 2 GANESHPUR LALMATI P.S. BASISTHA DIST. KAMRUP (M) ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM. 2:SRI UDDHAB BARMAN S/O LATE M. BARMAN R/O NO. 2 GANESHPUR LALMATI P.S. BASISTHA DIST. KAMRUP (M) ASSAM.
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Advocate for the Petitioner : MR. S BORTHAKUR Advocate for the Respondent : PP ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 11-04-2018
Learned counsel for the appellant.
This application under section 5 of the Limitation Act, the accused/appellant has prayed for condonation of delay of 42 days in preferring the appeal against the judgment and order dated 18.12.2017 passed by the Learned Addl. Sessions Judge No.IV, FTC, Kamrup (M). It is submitted that the notice of the petition was served on the learned State counsel. Having considered the cause shown in the petition and that the accused/appellant is in jail, the delay is condoned.
I.A. stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 42 days in preferring the appeal is condonable under Section 5 of the Limitation Act?
1 provisions across 1 enactments
MD TAFAJJUL ALI @ TAFIJUL ALI
THE STATE OF ASSAM
SRI UDDHAB BARMAN
MIR ALFAZ ALI
As recorded by the court registry
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