Khagen Saikia vs The State Of Assam
2023 Latest Caselaw 3476 Gua

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GAHC010189962023




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

                                Case No. : I.A.(Crl.)/766/2023

              KHAGEN SAIKIA
              S/O LATE GUNEN SAIKIA,
              VILL.- SIPAHIGAON, P.S.- BOKAKHAT, DIST.- GOLAGHAT, ASSAM.


              VERSUS

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


Advocate for the Petitioner   : MR. N M DUTTA

Advocate for the Respondent : PP, ASSAM




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

                                          ORDER

Date : 30-08-2023 (K.R. Surana, J)

Heard Mr. NM Dutta, 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 condoning the delay of 31 days beyond the period of limitation in filing the connected appeal.

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3. The learned legal aid counsel has submitted that the judgment impugned in the connected appeal was communicated to the Gauhati High Court Legal Service Committee and the said committee vide letter dated 01.09.2022 has appointed the legal aid counsel and accordingly, some time was consumed in preparing and filing of the connected appeal on 29.09.2022 and in the process there is a delay of 31 days.

4. The learned Addl.P.P. for the opposite party opposes the application. However, in view of the nature of explanation tendered by the applicant, the Court accepts the same as good and sufficient cause for which the connected appeal could not be filed on time. Accordingly, the delay of 31 days beyond the period of limitation is condoned.

5. Interlocutory application stands disposed of.

6. The Registry shall now register the connected appeal and list the same in the admission column.

                                        JUDGE               JUDGE




Comparing Assistant