Bhajan Rbi Das vs The State Of Assam
2023 Latest Caselaw 3938 Gua

                                                                                      Page No.# 1/2

GAHC010215452023




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

                                  Case No. : I.A.(Crl.)/905/2023

             BHAJAN RBI DAS
             S/O LATE DINOA RABI DAS,
             VILL.- DOLACHUNGA, NEAR SITOLI MANDIR,
             P.S.- HARRANGAJAS, DIST.- DIMA HASAO, ASSAM.

             VERSUS

             THE STATE OF ASSAM
             REP. BY THE PUBLIC PROSECUTOR.

Advocate for the Petitioner : MS S SARMA HAZARIKA (LEGAL AID COUNSEL)
Advocate for the Respondent : PP, ASSAM

             Linked Case :

             BHAJAN RBI DAS

             VERSUS

             THE STATE OF ASSAM E

             ------------
             Advocate for : MS S SARMA HAZARIKA
             Advocate for : appearing for THE STATE OF ASSAM E


                                    BEFORE
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                             ORDER

Date : 25-09-2023

Heard Ms.S. Sarma Hazarika, learned counsel Legal Aid Counsel for the applicant and also heard Ms. N. Das, learned Addl. P.P. for the State respondent.

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This Interlocutory Application is preferred by the applicant, namely, Sri Bhajan Rabi Das for condonation of delay of 30 days in filing the connected Criminal Appeal against the judgment and order dated 28.3.2023, passed by the learned Sessions Judge, Dima Hasao in Sessions Case No. 18/2017.

Ms. S. Sarma Hazarika, learned Legal Aid Counsel for the applicant submits that she has received the documents from the Guwahati High Court Legal Service Committee lately and therefore, the connected appeal could not be preferred in time and that the delay of 30 days is not intentional, rather it is circumstantial and therefore, it is contended to allow this petition. On the other hand, Ms. Das, learned Addl. P.P. submits that she has no objection in condoning the delay of 30 days in preferring the Criminal appeal.

Having heard the submission of learned Advocates of both sides , I have gone through the petition and the documents placed on record. It appears from the record that the learned Legal Aid Counsel has received the record from the Guwahati High Court Legal Service Committee on 3.6.2023, whereas, the judgment was pronounced on 28.3.2023, by the learned Court below and it also appears that the learned Legal Aid Counsel took some time to prepare the Criminal appeal and as such, the delay of 30 days is neither willful nor deliberate and the delay appears to be sufficiently explained and therefore, this Court is inclined to condone the delay of 30 days in filing the connected Criminal appeal. In terms of above, this IA stands disposed of.

In view of the order passed in the I.A, Registry to register the Criminal Appeal and list the matter before this Court.

JUDGE

Comparing Assistant