Soneswar Barman vs The State Of Assam And Anr
2023 Latest Caselaw 2239 Gua

                                                                           Page No.# 1/2

GAHC010101862023




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

                                Case No. : I.A.(Crl.)/432/2023

             SONESWAR BARMAN
             S/O BRAJO MOHAN BARMAN,
             VILL.- KAMARGAON,
             P.S.- SORBHOG, DIST.- BARPETA, ASSAM, PIN- 781317.

             VERSUS

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

             2:PURUSUTTAM BARMAN
              S/O LATE BIRAJ BARMAN

             VILL.- KAMARGAON
             P.O.- KAMARGAON

             P.S.- SORBHOG
              DIST.- BARPETA
             ASSAM
              PIN- 781317

Advocate for the Petitioner   : MS S MEDHI

Advocate for the Respondent : PP, ASSAM



                                        BEFORE
                    HON'BLE MRS. JUSTICE MALASRI NANDI
                                          ORDER

29.05.2023 Heard Ms S Medhi, learned counsel for the applicant/petitioner. Also heard Mr K K Page No.# 2/2

Parashar, learned Additional Public Prosecutor for the State of Assam/respondent No. 1.

By this application filed under Section 5 of the Limitation Act, 1963, the applicant/petitioner has prayed for condonation of delay of 9 (nine) days in preferring the criminal revision against the Judgment and order dated 17.01.2023, passed by the learned Additional Sessions Judge (FTC) Barpeta, Assam, in Criminal Appeal No. 35 of 2022, corresponding to GR Case No. 358 of 2012.

It is submitted by the learned counsel for the applicant/petitioner that as the applicant/petitioner was suffering from serious illness, he was not in a position to contact his lawyer to file the appeal in time, as a result of which, there was delay and therefore, it is prayed to condone the delay.

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/petitioner.

Accordingly, the delay is condoned.

Interlocutory Application stands disposed of. Registry is directed to register the criminal revision and list the matter, thereafter. ....

JUDGE

Comparing Assistant