The Gauhati High Court condoned a delay of 320 days in filing an appelagainst a conviction under IPC 302. The registry was directed to register the appeal and list it.
Delay of 320 days condoned; Registry to register appeal and list after a week.
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GAHC010236212023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1145/2023
MD. SAHID KHAN S/O MD. HAMID KHAN, R/O NO. 2 DIGHALIA GAON, P.S.- TINGKNONG, DIST.- DIBRUGARH, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR. TO BE REP. BY P.P., ASSAM.
2:HIRAMONI MAHATO D/O DILIP MAHATO R/O NO. 2 DIGHALIA GAON P.S.- TINGKNONG DIST.- DIBRUGARH ASSAM PIN
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
Linked Case :
SAHID KHAN VERSUS
THE STATE OF ASSAM AND ANR H
-----------Advocate for : MR H R CHOUDHURY Advocate for : appearing for THE STATE OF ASSAM AND ANR H
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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 01.12.2023
(M. Zothankhuma, J.)
Heard Mr. I. U. Choudhury, learned counsel appearing for the applicant/appellant, who submits that there is a delay of 322 days in filing the appeal against the impugned judgment dated 22.09.2022 and sentenced dated 23.09.2022 passed by the learned Addl. Sessions Judge, Dibrugarh, in Sessions Case No. 201/2012, convicting the applicant/appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life with fine of Rs. 20,000/-, in default to suffer simple imprisonment for 1 (one) year.
Mr. K. Baishya, learned Additional Public Prosecutor, Assam, has got no objection to the delay being condoned.
On considering the submissions made by the learned counsels for the parties, the delay of 320 days in preferring the appeal is condoned.
Registry to register the appeal and list the same after a week.
I.A. is accordingly allowed and disposed of.
JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether the delay of 320 days in filing the appeal can be condoned.
Whether the impugned order should be allowed.
Md. Sahid Khan
State of Assam
Michael Zothankhuma
Malasri Nandi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
