Sri Kajal Sarkar vs The State Of Tripura
2023 Latest Caselaw 626 Tri

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                         HIGH COURT OF TRIPURA
                               AGARTALA
                   I.A. No.01 of 2023 in Crl. A(J) No.36 of 2023
Sri Kajal Sarkar
                                                       ...... Applicant/Appellant(s)
                              VERSUS
The State of Tripura
                                                                ......Respondent(s)

For Applicant/Appellant(s) : Mr. Samar Das, Advocate. For Respondent(s) : Mr. Samrat Ghosh, Addl. P.P.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH

_O_R_D_E_R_

10/08/2023 I.A. No.01 of 2023

By the impugned Judgment and order of sentence dated

09.11.2022 passed by the learned Additional Sessions Judge, Sepahijala

District, Bishalgarh in case No. S.T.(T-I) 17 of 2020, the applicant-appellant is

convicted for the offence punishable under Section 304 (Part I) of the IPC and

has been sentenced to undergo RI for 10 years with a fine of Rs.6,000/- and a

default sentence.

The appeal suffers from a delay of 208 days for condonation of

which, I.A. No.01 of 2023 has been filed.

Learned counsel for the applicant-appellant submits that the

applicant belongs to a poor family and has an old age mother with no male

member in the family. As such, proper steps could not be taken within time to

prefer the appeal before this Court. However, appellant has good case on merits

to succeed. Delay may be condoned in the interest of justice.

Mr. Samrat Ghosh, learned Additional Public Prosecutor does not

oppose the prayer.

Having regard to the explanation urged and the submissions of the

parties, delay is condoned.

I.A. No.01 of 2023 is disposed of.

Crl. A(J) No.36 of 2023 Admit.

Call for the lower Court records in connection with case No.

S.T.(T-I) 17 of 2020 from the Court of learned Additional Sessions Judge,

Sepahijala District, Bishalgarh.

Office to prepare Paper Book upon receipt of the LCRs.

List the matter for hearing in usual course.

(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ

RUDRADEEP Digitally signed by RUDRADEEP Rudradeep BANERJEE BANERJEE Date: 2023.08.11 12:42:38 +05'30'