This order by the Gauhati High Court consents to condoning a delay of 1520 days in filing a criminal appeal against a life imprisonment sentence imposed under Section 302 IPC.
The delay of 1520 days in preferring the appeal is condoned; the appeal is registered and listed after a week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010241282023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1157/2023
MD. ABUL BASHAR @ ABDUL BASHAR S/O LATE GIASUDDIN, VILL.- HAHCHARA, WARD NO. 10, UNDER POLICE STATION BHELEWGURI, IN THE DISTRICT OF MORIGAON, ASSAM, PIN- 782126.
VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P.P., ASSAM.
2:MD. MAINUL HAQUE S/O LATE GIASUDDIN VILL.- HAHCHARA UNDER BHELEWGURI POLICE STATION IN THE DISTRICT OF MORIGAON ASSAM PIN- 782126
Advocate for the Petitioner : MR D K BHATTACHARYYA
Advocate for the Respondent : PP, ASSAM
Linked Case :
MD. ABUL BASHAR @ ABDUL BASHAR
VERSUS
THE STATE OF ASSAM AND ANR. E -----------Advocate for : MR D K BHATTACHARYYA Advocate for : appearing for THE STATE OF ASSAM AND ANR. E
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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. D. K. Bhattacharyya, learned counsel appearing for the applicant/appellant, who submits that there is a delay of 1520 days in filing the appeal against the impugned judgment dated 31.05.2017 passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 161/2015, convicting the applicant/appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life with fine of Rs. 30,000/-, in default to suffer simple imprisonment for 1 (one) year.
Mr. K. Baishya, learned Additional Public Prosecutor, Assam, submits that he has no objection to the delay being condoned.
On considering the submissions made by the learned counsels for the parties, the delay of 1520 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
1 issue framed by the court
Whether the delay of 1520 days in preferring an appeal against a conviction sentence under Section 302 IPC should be condoned.
Md. Abul Bashar @ Abdul Bashar
State of Assam
Michael Zothankhuma
Malasri Nandi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
