Md. Sahid Khan vs The State Of Assam And Anr
2023 Latest Caselaw 4822 Gua

Gauhati High Court

Md. Sahid Khan vs The State Of Assam And Anr on 1 December, 2023

Author: M. Zothankhuma

Bench: Michael Zothankhuma, Malasri Nandi

                                                                        Page No.# 1/2

GAHC010236212023




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

                                Case No. : I.A.(Crl.)/1145/2023

            MD. SAHID KHAN
            S/O MD. HAMID KHAN,
            R/O NO. 2 DIGHALIA GAON,
            P.S.- TINGKNONG,
            DIST.- DIBRUGARH, ASSAM.

            VERSUS

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

            2:HIRAMONI MAHATO
             D/O DILIP MAHATO
             R/O NO. 2 DIGHALIA GAON
             P.S.- TINGKNONG
             DIST.- DIBRUGARH
            ASSAM PIN

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM

             Linked Case :

            SAHID KHAN

             VERSUS

            THE STATE OF ASSAM AND ANR H

            ------------
            Advocate for : MR H R CHOUDHURY
            Advocate for : appearing for THE STATE OF ASSAM AND ANR H
                                                                           Page No.# 2/2




                                     BEFORE
                   HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 01.12.2023 (M. Zothankhuma, J.)

Heard Mr. I. U. Choudhury, learned counsel appearing for the applicant/appellant, who submits that there is a delay of 322 days in filing the appeal against the impugned judgment dated 22.09.2022 and sentenced dated 23.09.2022 passed by the learned Addl. Sessions Judge, Dibrugarh, in Sessions Case No. 201/2012, convicting the applicant/appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life with fine of Rs. 20,000/-, in default to suffer simple imprisonment for 1 (one) year.

Mr. K. Baishya, learned Additional Public Prosecutor, Assam, has got no objection to the delay being condoned.

On considering the submissions made by the learned counsels for the parties, the delay of 320 days in preferring the appeal is condoned.

Registry to register the appeal and list the same after a week.

I.A. is accordingly allowed and disposed of.

                          JUDGE                         JUDGE




Comparing Assistant