Citation : 2023 Latest Caselaw 2413 Gua
Judgement Date : 7 June, 2023
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GAHC010107052023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/461/2023
ROBILAL MUNDA
S/O NEPALI MUNA, TONGIA GAON, SONARI.
VERSUS
THE STATE OF ASSAM
REP. BY THE PUBLIC PROSECUTOR.
Advocate for the Petitioner : MS S SARMA HAZARIKA
Advocate for the Respondent :
WITH
CRL.A(J) No. 3136/2023 (FILING NUMBER)
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
07-06-2023 (Michael Zothankhuma, J)
Heard Ms. S Sarma Hazarika, learned Legal Aid Counsel for the applicant/appellant, who submits that there is a delay of 138 days in filing the Criminal Appeal (Jail) against the Judgment and Order dated 03.09.2022 passed by the learned Sessions Judge, Charaideo in Sessions (CHA) Case No. 11/2022.
2. Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam submits that she does not have any objection to the delay being condoned.
3. On considering the averments made in the application for the delay and keeping in view the submissions made by the learned Additional P.P., we find that sufficient cause for the delay has been made out.
4. Accordingly, the delay of 138 days is condoned.
5. Registry to register the appeal and list the same after a week.
6. The I.A. is accordingly disposed of.
JUDGE JUDGE Comparing Assistant
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