Ms Shreya Sarmah vs The State Of Assam And Anr
2023 Latest Caselaw 3298 Gua

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GAHC010184162023




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

                                Case No. : I.A.(Crl.)/722/2023

            MS SHREYA SARMAH
            D/O LATE CHNADRANIL SARMA,
            R/O BHETAPARA, P.S.- BASISTHA, DIST.- KAMRUP (M), ASSAM.



            VERSUS

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

            2:KAMAL KRISHNA BHAGAWATI
             S/O LATE PRABODH CH. BHAGAWATI

            R/O CHNADRA CHOUDHURY PATH
            BHETAPARA
            P.S.- BASISTHA
            PIN- 781028
            DIST.- KAMRUP (M)
            ASSAM

Advocate for the Petitioner   : MR A C BORBORA

Advocate for the Respondent : PP, ASSAM




                                              In
                               Crl.A./7370/2023 (Filing Number)
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                                BEFORE
                   HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

24.08.2023

Heard Ms. N. Dey, learned counsel for the applicant. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State respondent No. 1.

This Application under Section 5 of the Limitation Act, 1963, is preferred by applicant, Ms Shreya Sarmah, for condonation of delay of 28 days in filing the connected Appeal against acquittal.

It is to be noted herein that vide judgment and order dated 19.04.2023, passed by learned Additional Sessions Judge No. 2, Kamrup (M), Guwahati in Sessions Case No. 357/2018, the learned Court below has acquitted the accused persons of the said case, from the charges under Sections 307/326 IPC.

The learned counsel for the applicant submits that the judgment was delivered on 19.04.2023, and as such the appeal ought to have been filed on 19.06.2023, but, the appeal was filed on 20.07.2023, and that on account of illness, being suffered by the applicant from 17.04.2023, to 16.05.2023, the appeal could not be filed in time and the delay is not intentional and therefore, it is contended to condone the delay and to admit the appeal.

Mr. P.S. Lahkar, learned Additional Public Prosecutor submits that since the delay is only 28 days, the same may be condoned in view of the explanation so put forwarded by the applicant in the application.

Having heard the submissions of learned advocates of both sides, I have gone through the petition and the documents annexed therewith. And it Page No.# 3/3

appears that the applicant was suffering from acute attack of Chronic Urinary Tract Infection and lower back pain from 17.04.2023 to 16.05.2023. It also appears from the documents placed on record that the delay of 28 days in filing the connected Criminal Appeal is satisfactorily explained and the explanations so forthcoming is found to be satisfactory, and therefore, this Court is inclined to condone the delay of 28 days in filing the connected Criminal Appeal.

In terms of above, this Interlocutory Application stands disposed of.

In view of the order dated 24.08.2023, passed in I.A.(Crl.) No. 722/2023, now the Registry will register the Criminal Appeal and list the same before the Court.

JUDGE

Comparing Assistant