Nurul Ali vs The State Of Assam And Anr
2022 Latest Caselaw 4942 Gua

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GAHC010184902022




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

                                Case No. : I.A.(Crl.)/545/2022

            NURUL ALI
            S/O ABDUL BAREK ALI,
            VILL.- DEGHOLI SAPORI, JAMUGURI,
            P.S.- JAMUGURI,
            DIST.- SONITPUR, ASSAM, PIN- 782124.



            VERSUS

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

            2:JORINA BEGUM
             D/O ABDUL JALIL

            BASHBARI
            LAHORIJAN

            P.S.- KHATKHATI

            DIST.- KARBI ANGLONG
            ASSAM
            PIN- 782410

Advocate for the Petitioner   : MR. A DHAR

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI
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                                       ORDER

14-12-2022

Mr. A. Dhar, learned counsel represents the applicant. Mr. P.S. Lahkar, learned Additional Public Prosecutor represents the State respondent.

None appears for the respondent No. 2, who is the informant as well as the victim of the case.

It is stated by the learned counsel for the applicant that the victim did not appear before the trial Court and she has also not been examined during the trial.

This interlocutory application under Section 5, read with Section 14 of the Limitation Act, 1963, has been filed by the applicant praying for condonation of delay of 131 days in preferring the connected appeal against the judgment and order dated 28-10-2021, passed by the learned Sessions Judge, Karbi Anglong, in Sessions Case No. 14 of 2019, convicting the accused-appellant to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- with default stipulation for the offence punishable under Section 307 of the IPC. The learned counsel for the appellant submits that as the respondent No. 2 did not appear before the trial Court, the chance of appearance of the respondent No. 2 before this Court is very low.

Mr. Lahkar, learned Additional Public Prosecutor has no objection to the prayer for condonation of delay of 131 days.

As the connected criminal appeal is for 10 years' imprisonment for the accused, who is still in jail, I am of the opinion that the matter should be decided on merit.

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Accordingly, the prayer of the applicant for condonation of delay is allowed. The delay of 131 days in preferring the connected appeal is condoned. The interlocutory application stands disposed of accordingly. Registry to register and list the appeal for admission.

JUDGE

Comparing Assistant