Manipur High Court
Kangabam Ibomcha Meitei vs State Of Manipur on 17 June, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
KHOIROM Digitally
KHOIROM
signed by
BIPINCHAN BIPINCHANDRA
Date: 2025.06.17
SINGH
DRA SINGH 18:40:32 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(CRL.A.) No. 34 of 2024
Kangabam Ibomcha Meitei
... Applicant
- Versus -
State of Manipur
... Respondent
B E F O R E
HON'BLE THE CHIEF JUSTICE MR. K. SOMASHEKAR
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
O R D E R
[K. Somashekar, CJ]
17.06.2025
This proceeding has been filed seeking for condonation of
delay of 3659 days to prefer an appeal relating to the judgment of
conviction order of sentence rendered by Ld. Trial Court in Sessions Trial
Case No. 11 of 2023 dated 30.08.2014 and the order of sentence dated
03.09.2014.
The applicant is preferring a miscellaneous case by filing
an application under Section 5 of the Limitation Act and whereby, the
application is appended with affidavit in detail. The impugned judgment
and order is rendered by the Ld. Trial Court and held conviction against
the accused for the offence under Section 302 of IPC, 1860 and sentence
to undergo rigorous imprisonment of life and sentence to fine of Rs.
10,000/- (Rupees Ten Thousand) and the same has been indicated in
this application whereby, seeking for condonation of delay of the
considerable period of 3659 days in preferring appeal.
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Whereas, the learned senior counsel for the applicant, Mr.
N. Jotendro in this matter facilitates the judgment of conviction of order
of sentence rendered from the offence which is reflected in the operative
portion of the order. The applicant was arrested by the arresting
authority on 27.04.2012 on being surrendered and after, the accused
was remanded to judicial custody for a period of 6 (six) months and
subsequently, on moving the bail application, the accused was released
on bail and the same is also indicated in Para No. 4 of this application
proceeding which is initiated relating to application filed under Section 5
of the Limitation Act.
Whereas, in this application, the learned senior counsel
for the applicant has forcefully submitted for consideration of the reasons
stated in the application and also seeking for condonation of delay of the
considerable period of 3659 days in preferring criminal appeal for
challenging the order of conviction of sentence which is rendered therein.
On this premises only, the learned senior counsel in this
matter seeks for disposal of the miscellaneous case relating to filing an
application under Section 5 of the Limitation Act.
Whereas, the learned Government Advocate, Mr. Athouba
Khaidem in this matter is present before this Court physically and submits
that he has filed response in detail on 13.06.2025. However, the learned
Government Advocate addresses argument opposing the application for
consideration and whereby, seeking for condonation of delay.
However, keeping in view of the reasons stated in the
application, and also keeping in view of the response which is made by
the learned Government Advocate in this application for condonation of
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delay, but the applicant being a convicted person for the offence under
Section 302 of IPC, 1860 thereby the Ld. Trial Court held conviction of
imprisonment for life and sentence to fine and, the appeal is continuity
of the proceeding and more so, it is required to revisit the impugned
judgment and order of conviction of sentence and also the evidence is
maintained by the prosecution and therefore, it is deemed appropriate
that this application is required to be considered and accordingly, this
miscellaneous case proceeding, whereby filing an application under
Section 5 of the Limitation Act, is hereby considered and in the interest
of justice.
Accordingly, this miscellaneous application proceeding is
hereby disposed of.
Subsequent to disposal of the miscellaneous application
proceeding, Registry is directed to list the main criminal proceeding No.
253 of 2024 in accordance with law on 10.07.2025.
JUDGE CHIEF JUSTICE
Bipin
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