Mahendra Chauhan vs The State Of Assam And Anr
2022 Latest Caselaw 4373 Gua

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GAHC010161712022




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

                                 Case No. : I.A.(Crl.)/444/2022

            MAHENDRA CHAUHAN
            S/O- LATE SITA RAM CHAUHAN, VILL.- NAUJAN BILPATHAR, P.O.
            NAUJAN, P.S. SARUPATHAR, DIST. GOLAGHAT, ASSAM, PIN- 785601.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MISS GEETA DEY
             D/O- SRI SANKAR DEY
            VILL- PUB BEELPATHER
             P.O.- NAUJAN
             P.S.- SARUPATHER
             DIST- GOLAGHAT
            ASSAM
             PIN- 78560

Advocate for the Petitioner   : MR. I H SAIKIA

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            MAHENDRA CHAUHAN
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           VERSUS

          THE STATE OF ASSAM A



          ------------
          Advocate for : MR. I H SAIKIA
          Advocate for : appearing for THE STATE OF ASSAM A



                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                 ORDER

10.11.2022

Heard Mr. I.H. Saikia, learned counsel for the applicant and Mr. B.B. Gogoi, learned Addl. P.P. for the State respondent.

This application under section 5 of the Limitation Act is preferred by the applicant Mahendra Chauhan for condonation of delay of 97 days in preferring the connected Criminal Appeal challenging the impugned Judgement and order dated 16.12.2021 passed by the learned Assistant Sessions Judge, Golaghat in Sessions case no. 96/2018.

Mr. Saikia submits that from the date of very pronouncement of judgment the applicant was remanded to jail hazot and he belongs from a very poor family and could not manage the necessary expenses in filing the connected criminal appeal and later on, somehow his family members manage the same and in the meantime delay of 97 days occurred in filing the connected criminal appeal and the delay is not intentional, but circumstantial, and therefore, it is contended to condone the same.

Mr. Gogoi submits that the State has no objection in condoning the delay of 97 days.

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Having heard the submission of learned counsel for both the parties I have perused the petition and grounds mentioned therein and it appears that the delay of 97 days in filing the connected criminal appeal is explained sufficiently. Therefore this interlocutory application stands allowed and delay of 97 days in filing the connected criminal appeal stands condone.

In view of the above the registry shall proceed to register the appeal and list the same on 15.11.2022.

JUDGE

Comparing Assistant