Ankur Deka vs State Of Assam And Anr
2023 Latest Caselaw 2923 Gua

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GAHC010149262023




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

                                Case No. : I.A.(Crl.)/677/2023

            ANKUR DEKA
            S/O BIREN DEKA,
            RESIDENT OF VILLAGE NAKHANDA, P.S.- RAHA, DIST.- NAGAON, ASSAM.



            VERSUS

            STATE OF ASSAM AND ANR.
            REPRESENTED BY P.P., ASSAM

            2:SAILENDRA DEKA
             S/O HALIRAM DEKA

            RESIDENT OF VILLAGE NAKHANDA
            P.S.- RAHA
            DIST.- NAGAON
            ASSAM

Advocate for the Petitioner   : MR. M K DAS

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            ANKUR DEKA



             VERSUS
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           STATE OF ASSAM AND ANR. E



           ------------

Advocate for : MR. M K DAS Advocate for : appearing for STATE OF ASSAM AND ANR. E

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

05.08.2023.

Heard Mr. M. K. Das, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 397 days in preferring the connected Criminal Appeal against the Judgment and Order dated 15.09.2021 passed by the learned Additional Sessions Judge No. 1, Kamrup (M), Assam, in Session Case No. 118/2016. The cause of delay is explained at paragraph- 2 of the connected application.

Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam in his usual fairness submits that he will have no objection, if delay is condoned inasmuch as appeal is a valuable right.

Considering the submission of the learned Additional Public Prosecutor as well as the pleadings made in the paragraph 2 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient Page No.# 3/3

cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected Criminal Appeal, if same is not defective and list for Admission.

JUDGE

Comparing Assistant