Bhaskar Jyoti Kalita vs The State Of Assam And Anr
2022 Latest Caselaw 4695 Gua

                                                                       Page No.# 1/2

GAHC010083592022




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

                            Case No. : I.A.(Crl.)/192/2022

          BHASKAR JYOTI KALITA
          S/O SRI RADHA KANTA KALITA
          RESIDENT OF NAMPANI GAON, PO BORPANIGAON, PS SAMAGURI, DIST
          NAGAON, ASSAM
          VERSUS
          THE STATE OF ASSAM AND ANR.
          REPRESENTED BY PP ASSAM
          2:SHRI DHANU MALAKAR
           S/O LATE DHIREN MALAKAR
           RESIDENT OF DIPHU POLICE RESERVE
           PS DIPHU
           DIST KARBI ANGLONG
          ASSAM 78246

Advocate for the Petitioner : MR F U BARBHUIYA
Advocate for the Respondent : PP, ASSAM
             Linked Case :

          BHASKAR JYOTI KALITA
          VERSUS
          THE STATE OF ASSAM AND ANR. E
          ------------
          Advocate for : MR F U BARBHUIYA
          Advocate for : appearing for THE STATE OF ASSAM AND ANR. E



                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 29.11.2022 Heard Mr. A. Ahmed, learned counsel for the applicant/appellant and Mr. Page No.# 2/2

K.K. Parasar, learned Addl. Public Prosecutor for the State respondent No. 1.

This interlocutory application under Section 5 of the Limitation Act, 1963 has been filed for condoning the delay of 440 days in preferring the connected criminal appeal against the judgment and order dated 18.12.2018, passed by the learned Special Judge, Karbi Anglong, Diphu in POCSO Case No. 17/2015.

It is submitted by the learned counsel for the applicant that the applicant was behind the bar for a long time with effect from the date of impugned judgment and order and the old aged father of the applicant was not in a position to take steps for filing the connected appeal and subsequently due to Covid-19, the applicant could not take steps for filing the connected appeal. The grounds for delay are elaborately stated in paragraphs 6 and 7 of this interlocutory application, which are found to be sufficient to condone the day.

The learned Addl. PP has made no objection on the prayer of the petitioner to condone the delay.

Considering the prayer of the learned counsel for the applicant, the prayer for delay of 440 days in preferring the connected appeal is allowed and the delay is condoned.

The Registry is directed to register the connected criminal appeal and list the matter for admission accordingly.

The I.A. stands disposed of.

JUDGE

Comparing Assistant