Citation : 2022 Latest Caselaw 4145 Gua
Judgement Date : 27 October, 2022
Page No.# 1/2
GAHC010213842022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/636/2022
PALLAB SAIKIA @ PAMPU SAIKIA
S/O HAREN SAIKIA,
R/O LOTAIMARI,
P.S.- RUPAHIHAT,
DIST.- NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY P.P., ASSAM.
Advocate for the Petitioner : MR J C BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
27.10.2022
[N. Kostiswar Singh, J]
Heard Mr. P. Kataki, learned counsel for the applicant. Also heard Ms. B. Bhuyan, Page No.# 2/2
learned Senior Counsel and Additional Public Prosecutor, Assam assisted by Mr. J. Das, learned counsel for the respondent.
By filing this application the applicant seeks condonation of delay of 50 days in preferring the connected appeal against the judgment and order dated 27.05.2022 passed by the learned Additional Single Judge, FTC, Nagaon in Sessions (T-1)-26/12 arising out of GR Case No.2704/2009 convicting the applicant under Section Sections 326/302/341 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs.20,000/- in default Simple Imprisonment for 4 months for committing offence under Section 302 of the IPC and Simple Imprisonment for 7 days for offence under Section 341 IPC and further sentenced to undergo Simple Imprisonment for 1 year and fine of Rs.5000/- in default Simple Imprisonment for one month under Section 326 of the IPC.
We have perused the application.
It has been submitted by the learned counsel for the applicant that the delay has been occasioned as the applicant was attending his ailing father who is suffering from cancer.
Having considered the reason assigned by the learned counsel for the applicant and as the same has not been seriously objected by the learned Additional Public Prosecutor, we are inclined to allow this application.
Accordingly, we allow this Interlocutory Application by condoning the delay of 50 days in preferring the connected Criminal Appeal.
The present Interlocutory Application is, accordingly, disposed of.
JUDGE JUDGE Comparing Assistant
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