Ajay Das vs The State Of Assam And Anr
2023 Latest Caselaw 3334 Gua

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GAHC010180252023




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

                                Case No. : I.A.(Crl.)/739/2023

            AJAY DAS
            S/O ANANDA DAS,
            VILL.- NO 2 GOSSAIGAON, P.S.- GOSSAIGAON, DIST.- KOKRAJHAR,
            ASSAM.


            VERSUS


            THE STATE OF ASSAM AND ANR.
            REP. BY PUBLIC PROSECUTOR.


            2:RATNA DUTTA
             D/O SANTOSH DUTTA
            VILL.- NO 2 GOSSAIGAON
             P.S.- GOSSAIGAON
             DIST.- KOKRAJHAR
            ASSAM


Advocate for the Petitioner   : MS N HASSAN


Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 25-08-2023 (K.R. Surana, J)

Heard Ms. N Hassan, learned Legal Aid Counsel for the applicant and Ms. S Jahan, learned Additional Public Prosecutor for the State.

2 This interlocutory application has been filed under Section 5 of the Limitation act for condonation of delay of 172 days beyond the period of limitation in filing the accompanying appeal.

3. The learned counsel for the applicant has submitted that only on 03.06.2023, the applicant received information that he has a right to file an appeal against the impugned judgment and accordingly, on the same date, he wrote to the Secretary, DLSA, Kokrajhar through the Superintendent of District Jail, Kokrajhar expressing his intention to file an appeal. Accordingly, the Secretary, DLSA, Kokrajhar wrote an application to the Secretary of Gauhati High Court, Legal Service Committee on 12.06.2023 and accordingly, the learned counsel has been engaged. It took Legal Aid Counsel some time to collect the documents and on 20.07.2023, she had received the documents through Whatsapp from the DLSA, Kokrajhar and accordingly the connected appeal was prepared and filed on 11.08.2023.

4. Although the learned Additional Public Prosecutor has objected to the condonation of delay, but having regard to the nature of explanation given by the applicant, the Court finds that the delay causing in filing of the appeal was not intentional as delayed information was received by the applicant in jail.

5. Accordingly, Court is inclined to allow this interlocutory application by Page No.# 3/3

condoning the delay of 172 days beyond the period of limitation in filing the accompanying appeal.

6. Interlocutory application stands disposed of.

7. The Registry shall now register the connected appeal and list the same for admission.

                                        JUDGE            JUDGE




Comparing Assistant