Surajit Kalita @ Surojit Kalita vs The State Of Assam And Anr
2023 Latest Caselaw 3339 Gua

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GAHC010183652023




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

                                Case No. : I.A.(Crl.)/747/2023

            SURAJIT KALITA @ SUROJIT KALITA
            S/O SRI BHARAT KALITA
            R/O VILL- HABUNGIA GAON
            P.O. CHALIHA (ROHAROIA), P.S. JORHAT, DIST. JORHAT, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE LEARNED PP, ASSAM

            2:SRI H. SING
            WARRANT OFFICER

            ORDERLY OFFICER OF THE DAY

            AIR FORCE STATION
            JORHAT ASSA

Advocate for the Petitioner   : MR. J BARMAN

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            SURAJIT KALITA @ SUROJIT KALITA
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              VERSUS

          THE STATE OF ASSAM AND ANR A



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Advocate for : MR. J BARMAN Advocate for : appearing for THE STATE OF ASSAM AND ANR A

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

25.08.2023.

Heard Mr. J. Barman, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 1323 days in preferring the connected Criminal Revision Petition against the Judgment and Order dated 18.11.2019 passed by the learned Additional Sessions Judge, Jorhat, Assam in Criminal Appeal No. 39/2016. The cause of delay is explained at paragraphs- 2, 3 and 4 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 paragraphs 2, 3 and 4 of the connected Page No.# 3/3

application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

IA stands disposed of.

Registry to register the connected Criminal Revision Petition, if same is not defective and matter be in the Motion Column next week.

JUDGE

Comparing Assistant