In an application for condonation of delay, the Gauhati High Court accepted an explanation for a nine-day delay in filing an appeal against acquittal and held it a fit case for condonation under Section 5 of the Limitation Act, 1963.
The nine-day delay in filing the appeal was condoned, and the application (I.A.) was disposed of.
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GAHC010016182017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : I.A.(Crl.) 177/2017 1:MD. SAFIQUL ISLAM
S/O LATE OSIM UDDIN R/O SARURADHA ATI P.S. DHING DIST. NAGAON ASSAM.
VERSUS 1:THE STATE OF ASSAM and ANR 2:JAKIR HUSSAIN @ JALIL S/O LATE HAIDAR ALI R/O SARURADHA ATI P.S. DHING DIST. NAGAON ASSAM-782123
1:THE STATE OF ASSAM and ANR
Advocate for the Petitioner : MS.D DEVI Advocate for the Respondent : PP ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 17-02-2020
Suman Shyam, J
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Heard Mr. R. De, learned counsel for the applicant.
This application has been filed under Section 5 of the Limitation Act, 1963 with a prayer to condone the delay of 09 days in presenting the instant appeal against acquittal assailing the judgment and order dated 30-07-2015 passed by the learned Addl. District and Sessions Judge, (FTC), Nagaon in Sessions Case No. 87(N)/2006.
We have considered the explanation for the delay furnished by the applicant.
Mr. M. Phukan, learned Addl. P.P. Assam appearing for the opposite party No. 1 and Ms. P. Dasgupta, learned counsel representing opposite party No. 2 submit that they do not have any instruction to file objection and therefore, would not oppose the prayer for condonation of delay made in the I.A.
In view of the above and taking note of the explanation furnished by the applicant, we are of the view that present is a fit case where 09 days delay in preferring the appeal deserves to be condoned.
Ordered accordingly.
Delay stands condoned.
I.A. stands disposed of.
JUDGE JUDGE GS
Comparing Assistant
1 issue framed by the court
Whether the delay of nine days in filing an appeal against acquittal deserves to be condoned under Section 5 of the Limitation Act, 1963.
1 provisions across 1 enactments
Md. Safiqul Islam
The State of Assam
Jakir Hussain @ Jalil
Suman Shyam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
