Page No.# 1/2 vs The State Of Assam And Anr
2023 Latest Caselaw 2330 Gua

                                                            Page No.# 1/2

GAHC010002352023




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

                            Case No. : I.A.(Crl.)/15/2023

         JINTU SENSUWA @ JINTU SENSUA AND ANR.
         S/O LATE KUKAI SENSUA,
         R/O KESUWANI,
         P.O.- PALENGI,
         P.S.- DEMOW,
         DIST.- SIVASAGAR, ASSAM.

         2: RINA SENSUWA @ RINA SENSUA
          R/O KESUWANI

         P.O.- PALENGI

         P.S.- DEMOW

         DIST.- SIVASAGAR
         ASSAM

         VERSUS

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

         2:ANIL NATH
          S/O LATE KAMAL NATH

         R/O MAJULI

         P.O. AND P.S.- GARHMUR

         DIST.- MAJULI
         ASSAM
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Advocate for the Petitioner   : MS. P BORAH

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                            ORDER

Date : 02-06-2023

Heard Ms. P. Borah, learned counsel for the applicant/appellant as well as Mr. P.S. Lahkar, learned Addl. P.P. for the State respondent.

By this application filed under Section 5 of the Limitation Act, 1963, the applicant/appellant has prayed for condonation of delay of 55 days in preferring the criminal appeal against the judgment and order dated 16-03-2022 passed by the Addl. Sessions Judge, Sivasagar in Sessions Case no. 34(S-S) 2013 convicting and sentencing the appellants, namely, Sri Jintu Sensuwa and Smti. Rina Sensuwa, under Section 306/34 IPC to rigorous imprisonment for 5(five) years and also to pay a fine of Rs. 10,000/- in default rigorous imprisonment for 6(six) months.

The grounds shown in the petition for condonation of delay of 55 days filed by the petitioner are reasonable.

On the other hand, learned Additional Public Prosecutor for the State of Assam submits that he has no objection on the prayer made by the applicant/appellant.

Accordingly, the delay is condoned.

Interlocutory application stands disposed of.

Registry is directed to register the criminal revision and list the appeal for admission.

JUDGE

Comparing Assistant