This order allowed an interlocutory application seeking condonation of 81 days delay in filing a connected criminal appeal. The court held the explanation sufficient and granted condonation.
Delay of 81 days in preferring the connected appeal is condoned.
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GAHC010002772020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/19/2020
SRI PREMANSHU SUKLABADYA
S/O LATE PRADUNYA SUKLABADYA, RESIDENT OF KHANIKARGAON, P.S. SARUPATHAR, DISTRICT GOLAGHAT, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SMTI UMA PAUL W/O SRI SANKAR PAUL RESIDENT OF KHANIKARGAON P.S. SARUPATHAR DISTRICT GOLAGHAT ASSA
Advocate for the Petitioner : MRS. M BARMAN, Legal Aid Counsel
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
19-03-2021
Ms. R. Baruah, learned counsel appearing on behalf of Ms. M. Barman, learned Legal Aid Counsel represents the applicant-appellant.
Ms. S.H. Bora, learned Additional Public Prosecutor, represents the State respondent.
This interlocutory application has been filed under Section 5 of the Limitation Act for condonation of delay of 81 days in preferring the connected appeal.
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The grounds for the delay have been stated in the petition. I have perused the same. On consideration of the ground stated in the petition, I find that the delay has sufficiently been explained to the satisfaction of this Court.
On the other hand, the connected criminal appeal is a statutory appeal against the order of conviction and sentence of rigorous imprisonment for 10 years with a fine of Rs.1,000/- with default clause.
The appeal being statutory appeal, this Court is of the view that condonation of delay would meet the ends of justice.
Accordingly, the delay in preferring the connected appeal is condoned.
Registry to register the connected criminal appeal and place the same before this Court for appropriate order.
The interlocutory application stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 81 days in filing the connected criminal appeal is condonable under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Premanshu Suklabadya
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
