Page No.# 1/2 vs The State Of Assam And Anr
2021 Latest Caselaw 3085 Gua

                                                                        Page No.# 1/2

GAHC010251412019




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

                               Case No. : I.A.(Crl.)/153/2020

            SRI ABU BAKKAR SIDDIQUE AND ANR
            S/O- LATE MUKTAR ALI, R/O- VILL.- DAIPAM, P.S. DALGAON, DIST.-
            DARRANG, ASSAM

            2: MD. KHURSHED ALI
             S/O- MD. HAZRAT ALI, R/O- VILL.- DAIPAM
             P.S. DALGAON, DIST.- DARRANG, ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR
            THROUGH THE PUBLIC PROSECUTOR, ASSAM.

            2:MD. JANGSER ALI
             S/O- LATE HAZRAT ALI
             R/O- VILL.- PACHIM KUMARPARA
             P.S. KHARUPETIA, DIST.- DARRANG, ASSAM, PIN- 784115

Advocate for the Petitioner   : MR. A A R KARIM

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 24-11-2021

The applicants/appellants is represented by Mr. A.A.R. Karim, learned counsel.

The State Respondent No.1 is represented by Mr. Bankim Sarma, Page No.# 2/2

learned Additional Public Prosecutor, Assam.

As per Office Note dated 19.3.2021, notice upon Respondent No.2 has been served. However, the registered notice has not been received back after service.

Notice received in any one of the manner, in the considered view of this Court, is sufficient. Therefore, notice upon Respondent No.2 is accepted to have been served.

This application has been filed praying for condonation of delay of 56 days in preferring the connected criminal appeal, which is a statutory appeal. The appeal is against the judgment dated 22.05.2019 passed by the learned Sessions Judge, Darrang, Mangaldoi in SPL (POCSO) Case No.5 of 2017 convicting the applicant/appellant to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs.10,000.00 with a default clause, for offence under Section 4 of the POCSO Act.

Since this is a statutory appeal, on consideration of the grounds taken in this petition, the delay in preferring the connected criminal appeal is condoned.

The interlocutory application stands disposed of accordingly.

The connected criminal appeal be registered and be listed before this Court for orders.

JUDGE

Comparing Assistant