Jagjit Singh vs The State Of Assam And Anr
2021 Latest Caselaw 1218 Gua

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GAHC010060042021




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

                         Case No. : I.A.(Crl.)/1077/2019

         JAGJIT SINGH
         S/O SAHEB SINGH
          R/O 4-A
          BLOCK-B
          GAURAV APARTMENT
          BISHNU RABHA PATH
          BELTOLA
          PS. HATIGAON
          GUWAHATI-781038
          DIST. KAMRUP (M)
          ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY THE PP
         ASSAM

         2:BHUBANESWAR BARMAN
         S/O C.K. BARMAN
          R/O CHANDMARI COLONY
          NIZARAPAR
          P.S. CHANDMARI
          GUWAHATI-781003
          DIST. KAMRUP (M)
         ASSAM
          ------------
         Advocate for : MR. Y S MANNAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                                                          Page No.# 2/2

                                                        BEFORE
                          HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                           ORDER

26.03.2021 Heard the learned counsel for the petitioner.

Notice upon the private respondent No. 2 could not be served despite repeated issuance of the notice since 27.01.2020.

The notice upon the respondent No. 2 is deemed to be served. Heard the contention of the learned counsel for the petitioner that the petitioner herein preferred an appeal against the impugned judgment and conviction, passed by the learned SDJM (Sadar) No. 1, Kamrup (M), in CR Case

No. 1509c/2013, but after filing of the appeal, due to suffering from several ailments, he could not contact the engaged counsel and the appeal was dismissed for default.

Considered the submission made before this Court and also the medical documents that have been annexed to show that the accused petitioner was suffering from various ailments since 2018 onwards.

Considering all entirety of the matter, it transpires that the delay in preferring the connected revision petition is not intentional, but beyond his control. Accordingly, the delay is hereby condoned, with a direction to the Registry to register the revision petition and list the matter on 31.03.2021.

JUDGE

Comparing Assistant