Suresh Kumar Bhuyan vs The State Of Assam And Anr
2021 Latest Caselaw 2346 Gua

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GAHC010080042021




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

                                Case No. : I.A.(Crl.)/374/2021

            SURESH KUMAR BHUYAN
            S/O- LATE HEMADHAR BHUYAN, R/O- SILA PATHAR, DIST.- DHEMAJI,
            ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE P.P., ASSAM

            2:MRIDUL CHUTIA
             S/O- SRI KESHARAM CHUTIA
             R/O- SISIBORGAON
             P.S. SILAPATHAR
             DIST.- DHEMAJI
            ASSA

Advocate for the Petitioner   : MR. J SARMAH

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 28-09-2021

Suman Shyam, J Page No.# 2/3

Heard Mr. J. Sarma, learned counsel for the appellant. Also heard Mr. R.R. Kaushik,

learned Addl. P.P. Assam appearing for the State.

This I.A. has been filed under Section 5 of the Limitation Act, 1963 with a prayer to

condone the delay of 677 days in preferring the connected appeal against conviction and

the jail sentence awarded to the applicant by the judgment and order dated 08-03-2019

passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 99/2012. The

appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous

imprisonment for life and also to pay fine.

By referring to the statements made in paragraphs 3, 4, 5 and 6 of the application,

Mr. Sarma submits that the applicant is the lone male member of his family and

immediately after his conviction, he was taken into custody. Out of ignorance and due to

financial constraints, his wife could not make the necessary arrangement for engaging a

lawyer to file this appeal before this Court within short time. Hence, the delay in filing the

appeal.

Mr. Kaushik, learned Addl. P.P. Assam submits that he does not have any instruction

to file objection in this I.A on behalf of the State.

Referring an appeal against conviction is the statutory right of every convict.

In view of the above and taking note of the explanation furnished in the

application, we are of the view that disposal of this I.A. need not be delayed merely on

the ground of service of notice upon the informant.

On due consideration of the facts and circumstances of the case as well as the Page No.# 3/3

grounds mentioned in the I.A. we allow the prayer for condonation of delay of 677 days in

preferring the connected the appeal.

The delay is, accordingly, condoned.

Registry to number the connected appeal and list the same for admission.

I.A. stands disposed of.

                          JUDGE                     JUDGE
GS




Comparing Assistant