Paresh Kakoty vs The State Of Assam And Anr
2021 Latest Caselaw 1971 Gua

                                                                   Page No.# 1/3

GAHC010191462020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/20/2021

            PARESH KAKOTY
            S/O- LATE ATUL KAKOTY, R/O- KHEMDOI KAKOTY GAON, P.S. AMGURI,
            DIST.- SIVASAGAR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR, ASSAM.

            2:PURABI SARMA
            W/O- SRI RABIN SARMA
             R/O- KHEMDOI KAKOTY GAON
             P.S. AMGURI
             DIST.- SIVASAGAR
            ASSAM

Advocate for the Petitioner   : MR. J I BORBHUIYA

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            PARESH KAKOTY



             VERSUS
                                                                        Page No.# 2/3

          THE STATE OF ASSAM AND ANR. F



          ------------
          Advocate for : MR J I BARBHUIYA
          Advocate for : appearing for THE STATE OF ASSAM AND ANR. F



                               BEFORE
                 HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

25.08.2021

Heard Mr. J.I. Borbhuiya, learned counsel for the applicant as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State/respondent No. 1.

By this application under Section 5 of the Limitation Act, the applicant has prayed for condonation of delay of 84 days in preferring the connected Criminal Appeal under Section 374(2) Cr.P.C. against the impugned Judgment and Order, dated 22.10.2019, passed in Session Case No. 89 (S-S)2011 arising out of G.R. Case No. 1110/2009 by the learned Addl. Session Judge, Sivasagar, convicting the accused/appellant under Section 376(f) of the IPC and sentencing him to undergo R.I. for 10 (ten) years and to pay fine of Rs.5,000/- (Rupees Five Thousand) in default, to undergo S.I. for another 6 (six) months.

Upon hearing the learned counsel for both sides and considering the grounds cited in the petition along with the documents annexed thereto, the delay is condoned as prayed for.

Registry to register the connected Criminal Appeal and list the same in the next week.

A copy of the memo of appeal along with the documents annexed thereto, Page No.# 3/3

be furnished to the learned Addl. P.P. (Mr. D. Das) during the course of the day.

This disposes of the interlocutory application.

JUDGE

Comparing Assistant