Suraj Dusad vs The State Of Assam And Anr
2023 Latest Caselaw 4937 Gua

Gauhati High Court

Suraj Dusad vs The State Of Assam And Anr on 7 December, 2023

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GAHC010266612023




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

                                Case No. : I.A.(Crl.)/1189/2023

            SURAJ DUSAD
            S/O GOLAP DUSAD,
            R/O NEGHERITING, P.S.- DERGAON, DIST.- GOLAGHAT, ASSAM.


            VERSUS

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

            2:SUNIL DUSAD
             S/O LATE ANATH LAL DUSAD

            R/O NEGHERITING BOR LINE
            P.O.- NEGHERITING
            DIST.- GOLAGHAT
            ASSAM
            PIN- 785703

Advocate for the Petitioner   : MS. P BORAH

Advocate for the Respondent : PP, ASSAM

             Linked Case :

            SURAJ DUSAD

             VERSUS

            THE STSTE OF ASSAM AND ANR . B

            ------------
            Advocate for : MS. P BORAH
            Advocate for : appearing for THE STSTE OF ASSAM AND ANR . B
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

Date : 07.12.2023

Heard Ms. P. Bora, learned counsel for the applicant. Also heard Mr.K.K.Parasar, learned Addl. P.P. for the State respondent.

In this application, u/s 5 of the Limitation Act, the applicant, namely, Sri Suraj Dusad has prayed for condoning the delay of 165 days in filing connected Crl. Appeal, against the judgment and order dated 13.6.2022, passed by the learned Sessions Judge, Golaghat in Sessions Case No.115/2017. It is to be noted here that vide judgment and order dated 13.6.2022, the learned Court below has convicted the applicant u/s 304(II) and 324 IPC and sentenced him to suffer rigorous imprisonment for 10 years, and also to pay fine of Rs.10,000/-, with default stipulation and also to suffer rigorous imprisonment for one month, u/s 324 IPC.

Let notice be issued to the respondents returnable in four weeks. Steps be taken by registered post and also by usual process within a week from today, upon respondent No.2.

No formal notice is required to be issued to the respondent No.1, since Mr. K. K. Parasar, learned Addl. P.P. appears and received notice. However, extra requisite copy of the petition be furnished to him during the course of the day. List after four weeks.

JUDGE

Comparing Assistant