Md. Asgar Ali vs The State Of Assam And Anr
2023 Latest Caselaw 3271 Gua

                                                                           Page No.# 1/3

GAHC010185982023




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

                                Case No. : I.A.(Crl.)/736/2023

            MD. ASGAR ALI
            S/O LATE ALALUDDIN,
            VILL.- FATASIMOLU, P.S.- DHEKIAJULI, DIST.- SONITPUR, ASSAM.



            VERSUS

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

            2:MUSSTT. HAJERA KHATUN
            W/O LATE ALAUDDIN

            VILL.- FATASIMOLU
            P.S.- DHEKIAJULI
            DIST.- SONITPUR
            ASSAM

Advocate for the Petitioner   : MS M DAS

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 23-08-2023

(KR Surana, J) Page No.# 2/3

Heard Ms. M. Das, learned legal aid counsel appearing for the applicant and Ms. S. Jahan, learned APP for the State.

2. By this IA filed under section 5 of the Limitation Act, the applicant is seeking condonation of delay of 267 days beyond the period of limitation in filing the connected Criminal (Jail) appeal.

3. The learned legal aid counsel had submitted that the applicant is in jail since his arrest in connection with the Dhekiajuli P.S. case no.253/2020 under section 436 IPC for last 3 years and has been convicted in the Session case no.110/2020 by the learned Court of Addl. Session Judge (FTC), Sonitpur and that by the judgment and sentence dated 30.08.2022 in the said case the applicant have been sentenced to undergo simple imprisonment for a period of 10 years and to pay a fine of Rs.1,000/- with default stipulation. Hence, it is submitted that there is some delay in collecting the necessary documents and to file the connected appeal.

4. The learned APP in a usual fairness has submitted that she would not be contesting this IA and therefore has expressed that she has no objection to dispense of issuance of notice.

5. Accordingly, the issuance of notice in the interlocutory application is dispensed with as the respondent no.1 is represented by the Addl. PP who has no objection to this application. Issuance on the respondent no.2 is also Page No.# 3/3

dispensed with as there is no necessity of hearing the respondent no.2 in this IA.

6. Hence, in view of the submission made by the learned APP this IA stands allowed and the delay of 267 days beyond the period of limitation in filing the connected appeal is condoned.

7. The Registry shall register the connected jail appeal and list the same in the admission column.

            JUDGE                           JUDGE




Comparing Assistant