Madhu Duwarah vs The State Of Assam And Anr
2023 Latest Caselaw 4586 Gua

                                                                      Page No.# 1/2

GAHC010237122023




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

                                Case No. : I.A.(Crl.)/1076/2023

            MADHU DUWARAH
            S/O SRI JOGESWAR DUWARAH,
            VILL.- RANGATIKHAT HATICHUNGI GAON, P.S.- TITABAR, DIST.- JORHAT,
            ASSAM.



            VERSUS

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

            2:PHULAWATI BHUYAN
            W/O SRI LAKHESWAR BHUYAN

            VILL.- RANGATIKHAT HATICHUNGI GAON
            P.S.- TITABAR
            DIST.- JORHAT
            ASSAM

Advocate for the Petitioner   : MS. M BARMAN (LEGAL AID COUNSEL)

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                           ORDER

Date : 10-11-2023 Suman Shyam, J Page No.# 2/2

Heard Ms. M. Barman, learned legal aid counsel for the applicant. Also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State.

This I.A. has been filed with a prayer to condone the delay of 63 days in preferring the connected appeal. It appears that the applicant as appellant has preferred the jail appeal against the judgment and order dated 01-06-2023 passed by the learned Sessions Judge, Jorhat in connection with Sessions Case No. 106(J-T)/2021 convicting the appellant under Section 302 IPC and inter alia, sentencing him to undergo rigorous imprisonment for life.

We have perused the explanation furnished by the applicant.

Ms. S. Jahan, learned Addl. P.P. Assam submits that she does not have any instruction to file objection opposing the prayer made in the I.A.

In view of the above and considering the fact that the applicant has preferred a statutory appeal which deserves to be considered on merit, we are inclined to condone the delay of 63 days in preferring the connected appeal.

Delay of 63 days in filing the appeal is accordingly condoned.

Office to register the appeal and list for admission in the next week.

I.A. stands disposed of.

                          JUDGE                       JUDGE
GS




Comparing Assistant