Single judge of High Court of Assam allowed application under Section 5 Limitation Act for condoning 198 days delay in filing criminal appeal due to sufficient cause.
Delay of 198 days in preferring the connected criminal appeal is condoned; registry to register appeal.
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GAHC010238182022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/773/2022
RAJIMUL HOQUE S/O AKBAR ALI, VILL.- ALOMGANJ PART- II (THURIAPAHAR), P.O.- ALAMGANJ. P.S.- KAZIGAON, DIST.- KOKRAJHAR, ASSAM, PIN- 783339.
VERSUS
THE STATE OF ASSAM AND ANR. REP. BY THE LEARNED P.P., ASSAM.
2:SAIBUDDIN SK S/O LATE JONAB ALI VILL.- KHAMAR
P.O.- BARKANDA P.S.- BOGRIBARI
DIST.- KOKRAJHAR ASSAM PIN- 783348
Advocate for the Petitioner : MD. S ALOM
Advocate for the Respondent : PP, ASSAM
BEFORE
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HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 07/12/2022 Suman Shyam, J
Heard Mr. S. Alom, learned 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.
This IA has been filed under Section 5 of the Limitations Act, 1963 with a prayer to condone the delay of 198 days in filing the connected criminal appeal against the judgement of conviction dated 04/03/2022 passed by the learned Special Judge, POCSO, Kokrajhar in connection with Special Case No. 22/2017.
Perused the statements made in the IA, wherein, explanation for the delay has been furnished. Also heard submission of Mr. Alom, learned Legal Aid Counsel, appearing for the applicant.
Ms. Bhuyan, learned APP, Assam, submits that she has no instruction to file objection opposing the prayer made in the IA.
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.
In view of the above, delay of 198 days in preferring the connected appeal is hereby condoned.
Registry to register the appeal and list the matter for admission.
IA stands disposed of.
JUDGE JUDGE
sukhamay
Comparing Assistant
1 issue framed by the court
Whether the delay of 198 days in preferring a criminal appeal can be condoned under Section 5 of the Limitation Act, 1963.
1 provisions across 1 enactments
RAJIMUL HOQUE
THE STATE OF ASSAM
Suman Shyam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
