Citation : 2025 Latest Caselaw 257 Mani
Judgement Date : 24 February, 2025
Item No. 35
Digitally signed by
KHOIROM
BIPINCHANDR
KHOIROM
BIPINCHANDRA SINGH
IN THE HIGH COURT OF MANIPUR
A SINGH
Date: 2025.02.25
12:21:14 +05'30' AT IMPHAL
MC(CRL. A.) No. 34 of 2024
Kangabam Ibomcha Meitei
... Applicant
- Versus -
State of Manipur
... Respondent
BE FO R E HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU
24.02.2025 [D. Krishnakumar, CJ]
Mr. N. Jotendro, learned senior counsel assisted by Mr. Murtaza Ahmed, learned counsel appears for the applicant and Mr. Athouba Khaidem, learned senior counsel assisted by Mr. Phungyo Zingkhei, learned Dy. G.A. appears for the respondent.
The present applicant has been filed for condoning the delay of 3,659 days in filing the accompanying writ appeal.
The applicant was convicted by the judgment and order passed by the Ld. Sessions Judge, Bishnupur, Manipur in Session Trial Case No. 11 of 2013 by its order dated 30.08.2014 and involved criminal offence under Section 302 IPC in suo moto FIR No. 17(4) 2012 Kumbi Police Station against the impugned judgment and order of conviction dated 30.08.2014 and order of sentence dated 03.09.2014 passed by Ld. Sessions Judge, Bishnupur, Manipur. Challenging the aforesaid judgment and order passed by the Ld. Sessions Judge, Bishnupur, Manipur, an appeal has been preferred before this Court.
Page 1|2 According to the applicant, the applicant was formally arrested on 27.04.2012 on being surrendered and after spending for 6 (six) months, the applicant obtained default bail for a period of about 1 (one) year and thereafter, he was been in jail w.e.f. 03.09.2014 i.e. the day when the applicant was sent into judicial custody and have been unable to seek any legal remedy ever since. Further, according to the applicant, the High Court Legal Services Authority visited the Central Jail, Sajiwa.
After going through the developments, it is found that there is no detailed data or particulars furnished for the delay in filing an appeal. According to us, considering the fact that the detenue convicted has no means to file an appeal before this Court, no other family members have rendered assistance to him. In such circumstances, High Court Legal Services Authority inspected the Central Jail, Sajiwa, being non-furnishing of the detailed data/particulars before this Court for the delay in filing an appeal.
In such circumstances, the learned senior counsel appearing for the applicant seeks time to file additional affidavit and detailed data/particulars for the delay in filing an appeal and to furnish the same before this Court.
At the request made by the learned senior counsel appearing for the applicant, list the matter on 19.03.2025 for filing additional affidavit.
JUDGE CHIEF JUSTICE
Bipin
Page 2|2
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