Disposed

Sajen Puma v. the State of Assam

Gauhati HC2 Jan 2023I.A.(Crl.)/699/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an application under Section 5 of the Limitations Act, 1963, to condone a 45-day delay in filing a connected criminal appeal. The court accepted the applicant's explanation, noting he was serving a jail sentence and the State raised no objection.

What did the court decide?

The delay of 45 days in preferring the connected criminal appeal was condoned and the matter was registered and listed for admission hearing.

Sajen Puma Vs the State of Assam — Criminal Trial and Appeal | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010211242022

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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.)/699/2022

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SAJEN PUMA

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S/O LATE HAREN PUMA,

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R/O BILAMPUR (FAKLIHATI), UNDER JAGIROAD POLICE STATION, IN THE DISTRICT OF MORIGAON, ASSAM, PIN- 782410.

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VERSUS

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THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR.

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2:KALESWAR PATOR S/O LATE MONBOR PATOR

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VILL.- BILAMPUR (FAKLIHATI) UNDER JAGIROAD POLICE STATION IN THE DISTRICT OF MORIGAON ASSAM PIN- 782410

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Advocate for the Petitioner : MR D K BHATTACHARYYA

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Advocate for the Respondent : PP, ASSAM

Linked Case :

SAJEN PUMA

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VERSUS

THE STATE OF ASSAM AND ANR (B)

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-----------Advocate for : MR D K BHATTACHARYYA Advocate for : appearing for THE STATE OF ASSAM AND ANR (B)

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

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ORDER

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Date : 02/01/2023 Suman Shyam, J

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Heard Mr. D.K. Bhattacharyya, learned counsel for the applicant. We have also heard Ms. B. Bhuyan, learned senior counsel and APP, Assam, assisted by Ms. M. Chakraborty, learned counsel for the State/respondent no. 1. None has appeared for the respondent no. 2.

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This IA has been filed under Section 5 of the Limitations Act, 1963, praying for condoning the delay of 45 days in preferring the connected appeal against the judgement and order of conviction.

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We have perused the grounds stated in the IA explaining the delay.

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Ms. Bhuyan, learned APP, Assam, submits that she has no instruction to file objection on behalf of the State.

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Considering the explanation furnished by the applicant and in view of the fact that the appeal is against an order of conviction and the applicant is presently serving his jail sentence, we do not deem it necessary to defer the consideration of this application any further only on the ground of nonservice of notice on the informant. The explanation furnished by the applicant is found to be reasonable and is hereby accepted. The delay of 45 days in preferring the connected criminal appeal

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stands condoned.

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Office to register the connected appeal and list the matter for admission hearing.

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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

Sajen Puma v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sajen Puma v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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