Mojibor Sheikh vs The State Of Assam
2022 Latest Caselaw 3706 Gua

                                                                 Page No.# 1/2

GAHC010188062022




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

                                Case No. : I.A.(Crl.)/557/2022

            MOJIBOR SHEIKH
            S/O LT. BANU SHEIKH,
            VILL.- RUPSHI PT. 1 (GOALGAON),
            P.S.- KAZIGAON,
            DIST.- KOKRAJHAR, ASSAM, INDIA, PIN- 783370.

            VERSUS

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

            2:SUSHIL BISWAS
             F/O RUBINA BISWAS

            R/O MOUZA- GOALGAON

            P.S.- KAZIGAON

            DIST.- KOKRAJHAR
            ASSAM

Advocate for the Petitioner   : MR D S DEKA

Advocate for the Respondent : PP, ASSAM


             Linked Case :

            MOJIBOR SHEIKH



             VERSUS
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           THE STATE OF ASSAM A



           ------------
           Advocate for : MR D S DEKA
           Advocate for : appearing for THE STATE OF ASSAM A



                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

21.09.2022

Heard Mr. D.S. Deka, learned counsel for the applicant as well as Mr. B.B. Gogoi, learned Addl. P.P., appearing for the State/respondent No. 1.

By this application under Section 5 of the Limitation Act, the applicant has prayed for condonation of delay of 103 days in filing the connected Criminal Appeal under Section 374(2) Cr.P.C. challenging the legality and correctness of the Judgment and Order, dated 04.12.2020, passed in Special Case No. 11/2019, by the learned Special Judge, Kokrajhar.

Upon hearing the learned counsel for both sides and considering the grounds cited in the application more particularly, the grounds cited in Paragraph Nos. 3 and 4, the delay, as prayed for, is hereby condoned.

Registry to register the connected Criminal Appeal and list the same.

JUDGE

Comparing Assistant