Harekrishna Thakuria vs The State Of Assam And Anr
2022 Latest Caselaw 4039 Gua

                                                                   Page No.# 1/2

GAHC010194972022




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

                               Case No. : I.A.(Crl.)/602/2022 In
                                Crl.A./7859/2022 (Filing No.)

            HAREKRISHNA THAKURIA
            S/O LATE MOHIN THAKURIA,
            VILL.- PUB-SESAMUKH,
            P.O.- HAJO,
            P.S.- HAJO,
            DIST.- KAMRUP, ASSAM, PIN- 781102.



            VERSUS

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

            2:JAYANTA DAS
             S/O LATE FANIDHAR DAS

            VILL.- SESAMUKH (KUMARPARA)

            P.O.- HAJO

            P.S.- HAJO

            DIST.- KAMRUP
            ASSAM
            PIN- 781102

Advocate for the Petitioner   : MR H DAS

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                    HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

19.10.2022 (N. Kotiswar Singh, J)

Heard Mr. H Das, learned counsel for the applicant and Ms. B Bhuyan, learned Senior Counsel appearing as the Addl. Public Prosecutor, Assam for the State.

The present interlocutory application has been filed for condoning the delay of 36 days in filing the connected appeal against a judgment and order dated 13.06.2022 passed in Sessions Case No. 48/2014 arising out of GR Case No. 497/2013 by the learned Sessions Judge, Kamrup at Amingaon.

The applicant-appellant is in jail and undergoing sentence of life imprisonment. He claims to hail from economically weaker section society where no one else to support him, except his old mother aged about 85 years.

Ms. Bhuyan, learned Senior Counsel as well as Addl. Public Prosecutor has not raised serious objection to the said application.

Though the respondent no. 2-informant has been impleaded and is not present before us, we are of the view that it may not be necessary to hear the respondent no. 2 under the facts and circumstances of the case and accordingly, allow this application seeking condonation of delay of 36 days in filing the connected appeal.

The interlocutory application is, accordingly disposed of.

                                                    JUDGE           JUDGE



Comparing Assistant