Md Manir vs The State Of Assam And Anr
2023 Latest Caselaw 4783 Gua

Gauhati High Court

Md Manir vs The State Of Assam And Anr on 29 November, 2023

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GAHC010137622023




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

                                Case No. : I.A.(Crl.)/557/2023

            MD MANIR
            S/O ABUL KASHEM, RESIDENT OF VILLAGE JAFLONG (NOYABASTI) PS
            GOWAINGHAT, DIST SYLHET, BANGLADESH



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP, ASSAM

            2:SRI PRITOM KUMAR HAJONG
             S/O SRI PABITRA HAJONG

            RESIDENT OF VILLAGE DHAMAM
            PS LAKHIPUR
            DIST GOALPARA
            ASSAM 78312

Advocate for the Petitioner   : G UDDIN

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            MD MANIR



             VERSUS
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          THE STATE OF ASSAM AND ANR. A



          ------------
          Advocate for : G UDDIN
          Advocate for : appearing for THE STATE OF ASSAM AND ANR. A



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 29.11.2023

Heard Ms. P. Adhikari, learned counsel for the applicant. Also heard Mr. B. Chowdhury, learned counsel for the respondent no. 2 as well as Mr. R. J. Baruah, learned Additional Public Prosecutor for the State.

This interlocutory application has been filed on the basis of an application under Section 5 of the Limitation Act filed by the present applicant for condoning the delay of 159 days in filing the connected criminal appeal, wherein the judgment dated 04.11.2022 passed by the learned Additional Sessions Judge No. 2, Kamrup (Metro) in Sessions Case No. 131/2023 has been impugned.

Learned counsel for the applicant has submitted that the present applicant is a permanent resident of Jaflong (Noyabasti) in Sylhet District of Bangladesh and after his conviction by the judgment dated 04.11.2022, which the petitioner has impugned by filing the connected appeal, the mother of the applicant contacted one counsel from Guwahati, however, there was a communication gap between the applicant and his family member and the earlier engaged counsel, due to which there has been a delay in preferring the connected criminal Page No.# 3/3

appeal.

The applicant has explained the delay fully in paragraph nos. 2 and 3 of his application under Section 5 of the Limitation Act, 1963.

Learned counsel for the respondent no. 2 as well as learned Additional Public Prosecutor considering the grounds taken by the applicant have not opposed the prayer for condoning the delay in filing the connected appeal.

Considering the grounds mentioned by the applicant in her delay condonation application in paragraph nos. 2 and 3, this Court is of considered opinion that the delay in preferring appeal have been sufficiently explained by the present applicant and hence, the said delay of condoning 159 days in preferring the connected appeal is hereby condoned and this interlocutory application is allowed.

Let the connected appeal be registered and be listed thereafter by the Registry.

This interlocutory application is accordingly closed.

Connected appeal be registered and be listed after two weeks.

JUDGE

Comparing Assistant