Abdul Hoque vs The State Of Assam And Anr
2023 Latest Caselaw 2188 Gua

                                                                 Page No.# 1/3

GAHC010084562023




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

                                Case No. : I.A.(Crl.)/423/2023

            ABDUL HOQUE
            S/O LATE TASARUF ALI,
            VILLAGE DOLURBOND, PO MUKTARAMPUR, PS RAMKRISHNA NAGAR,
            DIST.KARIMGANJ, ASSAM, 788156



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP ASSAM.

            2:MD. ALA UDDIN

             S/O LATE TASARUF ALI

            VILLAGE DARGARBOND
            PO MUKTARAMPUR
            PS RAMKRISHNA NAGAR
            DIST.KARIMGANJ
            ASSAM
            78815

Advocate for the Petitioner   : MR J M SULAIMAN

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            ABDUL HQUE
                                                                        Page No.# 2/3




           VERSUS

          THE STATE OF ASSAM AND ANR .E



          ------------
          Advocate for : MR J M SULAIMAN
          Advocate for : appearing for THE STATE OF ASSAM AND ANR .E



                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 25.05. 2023 Heard Mr. JM Sulaiman, learned counsel for the petitioner and Mr. KK Das, learned Addl. PP for the State respondent No. 1.

This is an application under Section 5 of the Limitation Act, 1963 filed by the petitioner for condoning the delay of 41 days in preferring the connected appeal against the judgment and order dated 31.12.2022, passed by the learned Sessions Judge, Karimganj in Sessions Case No. 115/2015 convicting the accused/ applicant under Section 307/ 326 IPC and sentenced him to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 1000/-and in default to suffer simple imprisonment for a period of 6 months on each count. Both the sentences were directed to run concurrently.

The learned counsel for the petitioner has submitted that the accused/ applicant has been in judicial custody from the date of judgment i.e. 31.12.2022 and he was not in a position to file connected appeal due to financial constraint, which caused delay of 41 days and which is not intentional.

Page No.# 3/3

The learned Addl. PP has made no objection on the prayer of the learned counsel for the petitioner.

After hearing both sides and considering the submission of the learned counsel for the petitioner, the day of 41 days is condoned.

The Registry is directed to register the connected appeal and list the matter for admission.

I.A. stands disposed of.

JUDGE

Comparing Assistant