Citation : 2023 Latest Caselaw 847 Tri
Judgement Date : 9 October, 2023
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
IA No.01/2023 in Crl.A(J) No.47 of 2023
and
Crl.A(J) No.47 of 2023
Sri Tutan Nama
.........Applicant/Appellant(s);
Versus
The State of Tripura
.........Respondent(s).
For Applicant/Appellant(s) : Ms. R. Purkayastha, Legal Aid Counsel. For Respondent(s) : Mr. Sumit Debnath, Addl. P.P. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH Order 09/10/2023 IA No.01/2023 in Crl.A(J) No.47 of 2023
Heard Ms. R. Purkayastha, learned counsel for the
applicant/appellant and Mr. Sumit Debnath, learned Additional Public
Prosecutor for the respondent-State on the prayer for condonation of delay of
110 days in preferring the instant memo of appeal.
The applicant has been convicted under Section 302 of the IPC
vide judgment dated 17.04.2023 and sentenced to suffer RI for life and to pay a
fine of Rs.10,000/- with a default sentence vide order of sentence dated
19.04.2023 passed by learned Additional Sessions Judge, Gomati Judicial
District, Udaipur in ST 38 of 2017.
Ms. R. Purkayastha, learned counsel for the applicant, submits that
the appellant could not prefer appeal within time because he belongs to a poor
family. The present appeal has been preferred through the legal aid counsel.
There are good grounds in the appeal to succeed. Therefore, the delay may be
condoned.
Mr. Sumit Debnath, learned Additional Public Prosecutor, does
not oppose the prayer.
On consideration of the submission of learned counsel for the
parties and the explanation urged, delay is condoned in the interest of justice.
IA stands disposed of.
Crl.A(J) No.47 of 2023
Admit.
Call for the lower court records from the concerned Court.
Office to prepare Paper Book after receipt of the LCRs.
Matter be listed for hearing in usual course.
(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ
Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2023.10.12 15:40:06 +05'30'
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