Sudip Biswas @ Bura vs The State Of Assam And Anr
2023 Latest Caselaw 698 Gua

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GAHC010031382023




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

                              Case No. : I.A.(Crl.)/119/2023

             SUDIP BISWAS @ BURA
             S/O LATE PRAKASH BISWAS,
             R/O NO. 1 DHUPURI,
             P.S.- MANIKPUR,
             DIST.- BONGAIGAON (ASSAM).

             VERSUS

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

            2:PHULKUMARI HARIJON
             W/O JAGLAL HARIJON
            R/O NO. 1 FAGUNAGAON
            P.S.- BIJNI
            DIST.- CHIRANG
            ASSAM
             PIN
Advocate for the Petitioner : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




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

                                          ORDER

Date : 22-02-2023 (M. Zothankhuma, J)

Heard Mr. A Ahmed, learned counsel for the applicant, who submits that Page No.# 2/2

there is a delay of 143 days in filing the appeal against the judgment and order dated 26.07.2022 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 49(M)/2018, convicting the appellant under Section 376(1) of the IPC and sentencing him to undergo rigorous imprisonment for 12 (twelve) years and to pay a fine of Rs. 50,000/-, in default simple imprisonment for 1 (one) year.

Ms. B Bhuyan, learned Additional Public Prosecutor submits that she has got no objection to the delay being condoned.

On considering the grounds for delay provided in the application and keeping in view the submission made by the learned Additional Public Prosecutor, we find that sufficient cause for the delay has been made out.

Therefore, the delay of 143 days is condoned. The interlocutory application stands disposed of.

Registry is directed to register the connected Criminal Appeal and Interlocutory Application for suspending the sentence.

List the said cases in the next week.

                                        JUDGE                     JUDGE




Comparing Assistant