Alibe Bhengra vs The State Of Assam And Anr
2024 Latest Caselaw 4034 Gua

Gauhati High Court

Alibe Bhengra vs The State Of Assam And Anr on 6 June, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                      Page No.# 1/2

GAHC010105442024




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

                             Case No. : I.A.(Crl.)/528/2024

           ALIBE BHENGRA
           S/O SOMA BHENGRA,
           VILL.- JORASOR BASTI, P.S.- RANGAPARA, P.O.- RANGAPARA, DIST.-
           SONITPUR, PIN- 784505.

           VERSUS

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

           2:SOMA BHENGRA
            S/O LATE JENGRA BHENGRA

           VILL.- JORASOR BASTI
           P.S.- RANGAPARA
           P.O.- RANGAPARA
           DIST.- SONITPUR
           PIN- 784505

Advocate for the Petitioner : MR. P THAKURIA
Advocate for the Respondent : PP, ASSAM




                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

06.06.2024

Heard Mr. P. Thakuria, learned counsel for the applicant/appellant as well as Mr. B. Sarma, learned Addl. P.P., appearing for the State/respondent No. 1.

Page No.# 2/2

By this application filed under Section 5 of the Limitation Act, the applicant has prayed for condoning the delay of 76 days in filling the Criminal Appeal against the Judgment and Order, dated 15.12.2023 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 220/2019 by convicting the appellant under Section 304 part II IPC and by sentencing him to undergo rigorous imprisonment for five years and pay fine of Rs.5000/- only and in default of payment of fine to undergo simple imprisonment for three months.

The grounds of delay as stated in the petition are found to be satisfactory.

However, the learned Additional Public Prosecutor appearing for respondent No. 1 has made no objection in the matter of condoning the delay.

Accordingly, the delay of 76 days is hereby condoned.

Registry is directed to register the connected Criminal Appeal and list the same for admission.

This interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant