Tinku Ali vs The State Of Assam And Anr
2021 Latest Caselaw 689 Gua

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GAHC010112522020




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

                                  Case No. : I.A.(Crl.)/534/2020

             TINKU ALI
             S/O- S ALI, R/O- KAILASH NAGAR, NEPALI CHOWK, P.O AND P.S.
             NOONMATI, GUWAHATI-20, DIST.- KAMRUP(M), ASSAM.



             VERSUS

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

             2:SMTI. SANDHYA DEKA
             W/O- KHARGESWAR DEKA
              R/O- FATASHIL AMBARI
              P.O. AND P.S. FATASHIL AMBARI
              DIST.- KAMRUP(M)
              PIN- 781025
             ASSA

Advocate for the Petitioner    : MR. A D CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                             ORDER

25.02.2021

Heard Mr. A.D. Choudhury, learned Legal Aid Counsel appearing for the Page No.# 2/2

applicant/appellant and Mr. B.B. Gogoi, learned Addl. PP for the State/respondent No. 1.

By this application under Section 5 of the Limitation Act, the applicant/appellant has prayed for condonation of delay of 54 days in preferring the connected Crl. Appeal against the Judgment and Order, dated 21.11.2019, passed by the learned Addl. Sessions Judge (FTC) No. 4, Kamrup(M), Guwahati in Sessions Case No. 50/2016 convicting the applicant/appellant under Section 366A of the IPC and sentenced him to undergo RI for 3 years and to pay fine of Rs. 15,000/- in default to undergo SI for 3 months.

Having heard the learned counsel of both sides and on perusal of the explanations provided in Paragraph-4 of the accompanying application, I am satisfied that the applicant was prevented by sufficient cause in not preferring the connected within stipulated time.

Accordingly, the delay of 54 days in preferring the connected appeal is condoned. Registry to register the connect Crl. Appeal and list accordingly.

Accordingly, the I.A. stands disposed off.

JUDGE

Comparing Assistant