Allowed
Rekibuddin Ahmed @ Bhaity Ali v. the State of Assam and Anr.
Gauhati HCI.A.(Crl.)/44/2023
Case brief
from the order text
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GAHC010003982023 THE GAUHATI HIGH COURT…
What the court decided
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GAHC010003982023 THE GAUHATI HIGH COURT…
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GAHC010003982023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/44/2023
REKIBUDDIN AHMED @ BHAITY ALI S/O- LATE FAZAR ALI, R/O- MAZENGA KATAKIBARI, P.S. NAZIRA, DIST. SIVASAGAR, ASSAM, PIN- 785685.
VERSUS
THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:RATAN KARMAKAR S/O- LATE RAI MOHAN KARMAKAR R/O- MAZENGA KAKTAKIBARI P.S. NAZIRA DIST. SIVASAGAR ASSAM PIN- 785685
Advocate for the Petitioner : MR J DAS
Advocate for the Respondent : PP, ASSAM
Linked Case : CRL.A(J)/129/2022
REKIBUDDIN AHMED @ BHAITY ALI S/O LATE FAZAR ALI
R/O MAZENGA KATAKIBARI
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P.S.- NAZIRA
DIST.- SIVASAGAR ASSAM PIN- 785685. VERSUS
THE STATE OF ASSAM AND ANR. REP. BY THE P.P. ASSAM. 2:RATAN KARMAKAR S/O LATE RAI MOHAN KARMAKAR
R/O MAZENGA KAKTAKIBARI
P.S.- NAZIRA
DIST.- SIVASAGAR ASSAM PIN- 785685. -----------Advocate for : MR J DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.
B E F O R E
HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA HON’BLE MRS. JUSTICE MALASRI NANDI
ORDER
08.02.2023 (M Zothankhuma, J)
Heard Mr. J Das, Lega Aid Counsel for the applicant, who submits that the delay
of 69 days in filing the appeal against the judgment & order of conviction and
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sentence dated 30.07.2022 passed by the Ld. Additional Sessions Judge-cum-Special Judge (POCSO) in Case No. Special (POCSO) 76/2019, wherein the applicant has been convicted and sentenced under Section 6 of the POCSO Act, 2012 should be allowed. Ms. B Bhuyan, Addl. Public Prosecutor appearing for the State submits that she has got no objection if the delay is condoned.
On considering the grounds for condoning the delay and keeping in view the submission made by the learned Addl. Public Prosecutor, the delay of 69 days is condoned.
I.A is accordingly allowed and disposed of.
JUDGE JUDGE
Comparing Assistant
Rekibuddin Ahmed @ Bhaity Ali
Ratan Karmakar
Michael Zothankhuma
Malasri Nandi
As recorded by the court registry
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