Sankar Narayan Nandi vs The State Of Assam And Anr
2021 Latest Caselaw 2548 Gua

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GAHC010236032019




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

                                Case No. : I.A.(Crl.)/880/2019

            SANKAR NARAYAN NANDI
            S/O- SUBHENDRA NARAYAN NANDI, R/O- QTR. NO. 180B, GOSALA, P.S.
            JALUKBARI, DIST.- KAMRUP(M).



            VERSUS

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

            2:SUBHENDRA NARAYAN NANDI
             S/O LATE MODUSHUDAN NANDI
            RAILWAY QRTR. NO. 180/B
            GOSALA
             MALIGAON
            P.S. JALUKBARI
            PIN 78101

Advocate for the Petitioner   : MD. A H LASKAR

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                          ORDER

Date : 26-10-2021 Page No.# 2/3

Suman Shyam, J

Learned legal aid counsel appointed so as to represent the applicant in this case is

absent. Learned legal aid counsel was absent even on the previous occasion when the

matter was listed before this Court.

Ms. B. Bhuyan, learned Addl. P.P. Assam is present on behalf of the State.

This I.A. has been filed with a prayer to condone the delay of 344 days in filing the

connected appeal against conviction.

By the judgment and order under appeal, the applicant was convicted under

Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and also

to pay fine of Rs. 10,000/-.

We have perused the explanation for delay furnished in the application.

Ms. Bhuyan submits that she has no instruction as to file any objection opposing

the prayer made in the I.A. filed for condonation of delay in filing the appeal.

Considering the explanation furnished in the application and the fact that the

connected appeal is one against conviction, we are inclined to condone the delay. As

such, it is hereby provided that the delay of 344 days in filing the connected appeal

stands condoned.

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

I.A. stands disposed of.

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JUDGE JUDGE GS

Comparing Assistant