Page No.# 1/2 vs The State Of Assam And Anr
2023 Latest Caselaw 63 Gua

                                                                      Page No.# 1/2

GAHC010058552020




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

                          Case No. : I.A.(Crl.)/277/2020

         ABDUL SALAM AND 3 ORS
         S/O- LT. ABDUL SATTAR, R/O- VILL- SRIMANTA KANISHAIL, P.S.
         KARIMGANJ, DIST.- KARIMGANJ, ASSAM

         2: SHAFIQUR RAHMAN
          S/O- LT. ABDUL SATTAR
          R/O- VILL- SRIMANTA KANISHAIL
          P.S. KARIMGANJ
          DIST.- KARIMGANJ
         ASSAM

         3: MOINA MIA
          S/O- LT. SARKUM ALI
          R/O- VILL- SRIMANTA KANISHAIL
          P.S. KARIMGANJ
          DIST.- KARIMGANJ
         ASSAM

         4: AFTAR ALI @ FAKKAR ALI
          S/O- LT. SARKUM ALI
          R/O- VILL- SRIMANTA KANISHAIL
          P.S. KARIMGANJ
          DIST.- KARIMGANJ
         ASSA

         VERSUS

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

         2:TAJAMUL ALI
          S/O- SURUJ ALI
          R/O- VILL- NAYAGRAM
          SRIMANTA KANISHAIL
                                                                                           Page No.# 2/2

              P.S. KARIMGANJ
              DIST.- KARIMGANJ
              ASSA

Advocate for the Petitioner     : MR. S C BISWAS

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                              ORDER

Date : 04.01.2023 Heard Ms. A. Das, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Addl. P.P., Assam, appearing for the State respondent No. 1 and Mr. A. S. Tapader, learned counsel for the respondent No. 2.

This is an application under Section 5 of the Limitation Act for condoning the delay of 4 days in filing the connected appeal against the judgment and order dated 23.12.2019 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 21/2020 under Sections 148/149/326/323 of the IPC convicting the accused appellant under the aforesaid sections of law. The ground of delay which has been mentioned in the petition is sufficient to condone the delay. Learned counsel for the respondent No. 2 as well as the learned Addl. P.P. has made no objection to the prayer for condonation of delay in filing the appeal.

Considering the grounds shown in the petition and the submission of the learned counsel for the parties, the prayer for condonation of 4 days delay in filing the appeal is allowed and the delay is condoned. Registry to register the appeal and list it for admission . The I.A.(Crl) is disposed of.

JUDGE

Comparing Assistant