Omar Sheikh @ Amar Ali and 2 Ors v. The State of Assam

ORDER

09.01.2024 Heard Mr Z Alam, learned counsel for the applicants, 1) Omar Sheikh @ Amar Ali, 2) Samar Sheikh @ Samar Ali and 3) Mahar Sheikh @ Mahar Ali and Ms N Das, learned Additional Public Prosecutor for the State of Assam. Also heard Ms N Das, learned Additional Public Prosecutor for the State of Assam.

¶2The applicants have filed this application under Section 5 of the Limitation Act, 1963, with prayer for condonation of delay of 47 days.

¶3It is submitted that the appeals preferred by the applicants were dismissed vide order dated 08.08.2023. It is submitted that the applicants appointed their lawyers for preferring appeal against the impugned Judgment and Order of conviction. The engaged counsel also informed the applicants that they would be informed about the outcome of the criminal appeal. However, the applicants were under the impression that the appeal was disposed of, but they were not informed about the outcome of the appeal, which resulted in the delay in preferring the connected appeal.

¶4The learned Additional Public Prosecutor has raised no objection for condonation of delay.

¶5Considering all aspects, delay is condoned.

¶6Registry to register the connected revision petition along with the interlocutory Page No.# 3/3 application for suspension of sentence.

¶7Interlocutory Application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010001092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/9/2024o OMARoSHEIKHo@oAMARoALIoANDo2oORSo S/OoLATEoMANIKoSHEIKHo R/OoVILL-oLUWASUR,oMOUZA-oBHAWANIPUR,oP.S.oANDoDIST.oBARPETA,o ASSAM,oPIN-781318 2:oSAMARoSHEIKHo@oSAMARoALI oS/OoLATEoMANIKoSHEIKHo R/OoVILL-oLUWASUR oMOUZA-oBHAWANIPUR oP.S.oANDoDIST.oBARPETA oASSAM oPIN-781318 3:oMAHARoSHEIKHo@oMAHARoALI oS/OoLATEoMANIKoSHEIKHo R/OoVILL-oLUWASUR oMOUZA-oBHAWANIPUR oP.S.oANDoDIST.oBARPETA oASSAM oPIN-78131o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoZoALAMo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND