Sandip Pradhan vs The State Of Assam And Anr
2024 Latest Caselaw 3186 Gua

Gauhati High Court

Sandip Pradhan vs The State Of Assam And Anr on 10 May, 2024

Author: Suman Shyam

Bench: Suman Shyam

                                                                                Page No.# 1/2

GAHC010058292024




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

                                Case No. : I.A.(Crl.)/295/2024

            SANDIP PRADHAN
            S/O LATE RAJEN PRADHAN,
            RESIDENT OF GABHARU T.E PAHAR LINE, PS MARIANI, DIST JORHAT.
            ASSAM


            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PP ASSAM

            2:SRI PABAN BHUYAN
             S/O LATE SHANKAR BHUYAN
            RESIDENT OF GABHARU T.E PAHAR LINE
             PS MARIANI
             DIST JORHAT
            ASSA M

Advocate for the Petitioner   : MS. M BARMAN

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                    HONOURABLE MR. JUSTICE SUMAN SHYAM
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

10.05.2024 (Suman Shyam, J)

Heard Ms. M. Barman, learned counsel for the applicant. Also heard Ms. S. Page No.# 2/2

Jahan, learned Addl. P.P., Assam appearing for the State.

This I.A. has been filed under section 5 of the Limitation Act, 1963 with a prayer

to condone the delay of 685 days in preferring the connected Jail appeal. We

have perused the explanation furnished in the application explaining the delay

in filing the appeal.

Ms. S. Jahan, learned Addl. P.P. appearing for the State submits that she has no

instruction for filing any objection opposing the prayer for condonation of delay.

We have noticed that the applicant has been convicted under Section 302 IPC

by the judgment and order dated 15.12.2020 passed by the learned Sessions

Judge, Jorhat in Sessions Case No.151(J-J)/2017 and inter-alia sentenced to

undergo rigorous imprisonment for life. The appellant has a statutory remedy in

the form of an appeal.

In view of the above and considering the explanation furnished in the I.A., we

are convinced that this is a fit case where the delay of 685 days in preferring the

appeal deserves to be condoned.

Ordered accordingly.

Office to register the connected appeal and list for admission.

I.A. stands disposed of.

                                    JUDGE                           JUDGE




Comparing Assistant