Disposed

Ajit Robidas v. the State of Assam and Anr.

Gauhati HC7 Dec 2022I.A.(Crl.)/771/2022

Case brief

AI extract

What is this about?

An interim application to condone a 30-day delay in preferring a criminal appeal against a conviction judgment was filed. The High Court, hearing the applicant's explanation and having no objection from the State, accepted the cause and allowed the condonation of delay.

What did the court decide?

Delay of 30 days in preferring the connected criminal appeal is hereby condoned. Registry directed to register the appeal and list the matter.

Ajit Robidas Vs the State of Assam and Anr. — Civil Procedure and Limitation | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010197722022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.)/771/2022

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AJIT ROBIDAS S/O LATE MANGAL ROBIDAS, R/O RONGAJAN TEA ESTATE, LINE NO. 3, P.S.- GOLAGHAT, DIST.- GOLAGHAT, ASSAM, PIN- 785702.

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VERSUS

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THE STATE OF ASSAM AND ANR. REP. BY THE P.P., ASSAM.

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2:NAREN ROBIDAS S/O LATE MANGAL ROBIDAS

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R/O RONGAJAN TEA ESTATE LINE NO. 3

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P.S.- GOLAGHAT

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DIST.- GOLAGHAT ASSAM PIN- 785702

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Advocate for the Petitioner : MR. N J GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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Page No.# 2/2

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ORDER

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Date : 07/12/2022 Suman Shyam, J

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Heard Mr. N. J. Gogoi, learned Legal Aid Counsel for the applicant. We have also heard Ms. B. Bhuyan, learned senior counsel and APP, Assam, assisted by Mr. J. Das, learned counsel, appearing for the State.

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This IA has been filed under Section 5 of the Limitations Act, 1963 with a prayer to condone the delay of 30 days in filing the connected criminal appeal against the judgement of conviction dated 23/06/2022 passed by the learned Sessions Judge, Golaghat in connection with Sessions case No. 15/2020.

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Perused the statements made in the IA, wherein, explanation for the delay has been furnished. Also heard submission of Mr. Gogoi, learned Legal Aid Counsel, appearing for the applicant.

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Ms. Bhuyan, learned APP, Assam, submits that she has no instruction to file objection opposing the prayer made in the IA.

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In view of the above and considering the explanation furnished by the applicant, we are of the view that the applicant was prevented by sufficient cause from filing the connected appeal within the statutory period.

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In view of the above, the delay of 30 days in preferring the connected appeal is hereby condoned.

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Registry to register the appeal and list the matter for admission by reflecting the name of Mr. N.J. Gogoi, learned Legal Aid Counsel for the appellant, in the cause list.

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IA stands disposed of.

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JUDGE JUDGE

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sukhamay

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Comparing Assistant

Ajit Robidas v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Ajit Robidas v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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