Md. Hasen Ali vs The State Of Assam And 2 Ors
2023 Latest Caselaw 177 Gua

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GAHC010002532023




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

                           Case No. : I.A.(Crl.)/14/2023

         MD. HASEN ALI
         S/O BABULAL ALI,
         VILL.- BALIGAON,
         P.S.- MIKIRBHETA,
         DIST.- MORIGAON, ASSAM, PIN- 782001.



         VERSUS

         THE STATE OF ASSAM AND 2 ORS.
         REP. BY THE P.P., GOVT. OF ASSAM.

         2:MD. MUSABUDDIN
          S/O ASKAR ALI

         VILL.- BARIGAON

         P.O. AND P.S.- MIKIRBHETA

         PIN- 782001

         DIST.- MORIGAON
         ASSAM.

         3:SABINA BEGUM
         W/O MUSABUDDIN

         VILL.- BARIGAON

         P.O. AND P.S.- MIKIRBHETA

         PIN- 782001
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            DIST.- MORIGAON
            ASSAM

Advocate for the Petitioner   : MR. S ALIM

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                             ORDER

Date : 18-01-2023

Heard Mr. S. Alim, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

This is an application under section 5 of the Limitation Act, 1963 for condoning the delay of 74 days in preferring revision petition. It is submitted by the learned counsel for the petitioner that vide impugned judgment and order was passed on 19.07.2022, by the learned Sessions Judge in Criminal Appeal No. 18/2017, convicting the present petitioner under section 323/34 of IPC but the prior to delivery of judgment i.e on 04.05.2022 the petitioner was advised for complete rest by the Doctor since 12.07.2022 for Malaena due to chronic peptic ulcer syndrome.

To substantiate the plea some photocopy of the medical documents are also annexed along with the petition. It is submitted by the learned counsel for the petitioner that the revision petition could not be preferred within stipulated period of limitation only because of his illness and there was no deliberate negligence on the part of the petitioner in preferring the revision petition and if the delay of 74 days is not condoned he may suffer irreparable loss and injury and accordingly, prayed to condone the delay.

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Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam also raise no objection to the submission of learned counsel for the applicant. Considering the submission of learned counsel for both sides, the delay of 74 days in preferring the connected appeal is hereby condoned. The present petition is allowed and disposed of accordingly.

JUDGE

Comparing Assistant