Sri Nitul Chutia vs The State Of Assam And Anr
2021 Latest Caselaw 513 Gua

                                                                  Page No.# 1/2

GAHC010277652019




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

                                Case No. : I.A.(Crl.)/1012/2019

            SRI NITUL CHUTIA
            S/O UDESHWAR CHUTIA, RESIDENT OF VILLAGE BOGINODI, MAJGAON,
            P.S. BOGINODI, DISTRICT LAKHIMPUR, ASSAM, PIN 787060



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR.

            2:SRI JAYGURAM HAZARIKA
             S/O LATE CHAKI RAM HAZARIKA
             R/O VILLAGE URIAMGURI
             P.O. PATHALI PAM
             P.S. BOGINODI
             DISTRICT LAKHIMPUR
             PIN 787056
            ASSAM

Advocate for the Petitioner   : MR. M K DAS

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                       HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                           ORDER

Date : 12-02-2021 Page No.# 2/2

Heard M.K. Das, learned counsel for the petitioner and Mr. M. Phukan, learned Addl. P.P., Assam for the respondent No. 1.

Despite service of notice, the respondent No. 1 is not represented.

By this interlocutory application under Section 5 of the Limitation Act, the petitioner prays for condonation of 62 days delay in preferring the appeal against the judgment and order dated 05.07.2019 passed by the learned Assistant Sessions Judge, North Lakhimpur in Sessions Case No. 104 (NL)/2015, whereby the petitioner/appellant was convicted under Section 376 IPC and sentenced to imprisonment for 8 years and fine of Rs. 5000/- with default stipulation.

Having considered the submissions made by the learned counsel for the petitioner and the explanation as to the cause of delay shown in the petition, this court is of the view that the petitioner has been able to make out a case for condonation of 62 days delay in preferring the appeal. Accordingly, the petition is allowed and the delay stands condoned.

Office to register the connected appeal and list it for admission.

I.A. stands disposed of.

JUDGE

Comparing Assistant