This order allowed an interlocutory application seeking condonation of 61 days delay in filing a criminal appeal. The High Court held that the respondent did not object to the delay and granted relief accordingly.
Delay of 61 days in preferring the accompanying criminal appeal was condoned and the appeal listed after one week.
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GAHC010122962017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 126/2017
1:MD. ANOWAR KHAN,
S/O LATE JOSIMUDDIN KHAN, VILL. MANIKPUR, P.S. KRISHNAI, DIST. GOALPARA
VERSUS
1:THE STATE OF ASSAM and 5 ORS, REPRESENTED BY THE P.P. ASSAM.
2:MORIJUL HUSSAIN @ BABU ALI S/O ANOWAR HUSSAIN
3:MONIRUL ISLAM S/O ANOWAR HUSSAIN
4:JAHURUL ISLAM S/O ANOWAR HUSSAIN
5:ANOWAR HUSSAIN S/O LATE KAJIMUDDIN SK.
6:ZORINA BIBI W/O ANOWAR HUSSAIN ALL ARE R/O VILL. MANIKPUR P.S. KRISHNAI P.O. KRISHNAI DIST. GOALPARA ASSAM PIN 78312
Advocate for the Petitioner : MS.S HALOI
Advocate for the Respondent : MR. S D PURKAYASTHA (R2-R5)
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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE MIR ALFAZ ALI
O R D E R
09.05.2019
(A.M. Bujor Barua, J)
Heard Mr. N. Uddin, learned counsel for the applicant/appellant, Mr. S. D Purakayastha, learned counsel appearing for the accused respondents and Ms. B. Bhuyan, learned Additional Public Prosecutor for the State of Assam.
This interlocutory application has been preferred for condoning a delay of 61 days in preferring the accompanying appeal.
Mr. SD Purakayastha, learned counsel for the accused/respondent do not object to the delay being condoned so thus Ms. B. Bhuyan, learned Additional Public Prosecutor.
In view of the above, we condone the delay of 61 days in preferring the accompanying criminal appeal.
Registry shall list the criminal appeal along with the criminal leave petition No.18/2017 after one week.
The interlocutory application stands allowed to the extent indicated above.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether a delay of 61 days in preferring a criminal appeal should be condoned.
Md. Anowar Khan
The State of Assam
Morijul Hussain @ Babu Ali
Monirul Islam
Jahurul Islam
Anowar Hussain
Achintya Malla Bujor Barua
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
