Ac/2007 Sri R. Sarvanan v. The State of Assam and Anr

ORDER Date : 20.03.2024 (K.R. Surana, J) Heard Ms. B. Sarma, learned legal aid counsel for the appellant. Also heard Ms. S.H. Bora, learned APP appearing for the State.

¶2Mr. P.K. Medhi, learned CGC is appearing for the respondent no.2, who was requested by order dated 16.02.2024 to obtain instruction for appearing on Page No.# 3/5 behalf of the informant (respondent no.2), who was the Commandant of 152 Bn. CRPF, Basugaon.

¶3Upon instruction, the learned CGC has submitted that he has instruction to inform the Court that the respondent no.2 has superannuated.

¶4It is noted from the judgment impugned in the connected appeal that the appellant was convicted under Section 302 IPC and was sentenced to undergo rigorous imprisonment for life and to pay fine with default stipulations.

¶5Having heard the learned counsel appearing for all sides, the Court is of the considered opinion that it is not necessary for the Court to issue notice on the respondent no.2 as the appellant has been convicted under Section 302 IPC.

¶6Accordingly, the issuance of notice on the respondent no.2 is dispensed with.

¶7As the respondent no.2 is not found to be a necessary party for adjudication of the connected appeal as well as this interlocutory application, let the name of respondent no.2 be struck off. Further, the appearance of the CGC is also exempted.

¶8Registry shall not reflect the name of CGC in the cause list while listing the matter next.

¶9By filing this application under Section 5 of the Limitation Act, the applicant has prayed for condoning the delay of 2283 days beyond the period of limitation in filing the connected appeal.

¶10In view of the inordinate delay in filing the appeal, on the query of the Court, the learned legal aid counsel has submitted that the appellant was taken into custody in the year 2011 and since then, he is languishing in jail and was Page No.# 4/5 not informed about his right to file an appeal through legal aid counsel. It is only when the wife of the applicant wrote a letter to Honourable the Chief Justice of this Court on 26.10.2023, it has come to light that the applicant had not been able to engage any counsel to prefer an appeal against the order impugned in the connected appeal. It is submitted that in view of the said facts, this Court has approved the request made by the wife of the applicant and the matter was referred to the Gauhati High Court Legal Aid Services Committee and only thereafter, by letter dated 29.11.2023, the learned legal aid counsel was appointed and then this application and the connected appeal was filed on

03.01.2024.

¶11The learned APP has objected to the prayer made in this application on the ground that the delay is very long.

¶12It is noted from paragraph 3 of the judgment impugned in the connected appeal that though the crime was committed in the year 2001, but after being granted bail, the applicant was absconding and was only arrested in the year 2011. Therefore, by now the applicant has spent about 13 (thirteen) years in jail.

¶13Considering the explanation tendered by the applicant, the Court is inclined to accept the cause as good and sufficient reason for the applicant for not being able to file the connected appeal on time.

¶14Accordingly, the delay of 2283 days beyond the period of limitation in filing he connected appeal stands condoned.

¶15This application stands allowed.

¶16The learned legal aid counsel for the applicant shall provide a copy of Page No.# 5/5 the memo of appeal to the learned APP within a week from today.

¶17Registry shall now register the connected appeal and list the same in the admission column.

JUDGE JUDGE Comparing Assistant

Page No.# 1/5 GAHC010003712024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/59/2024 AC/2007 SRI R. SARVANAN S/O LATE RAMA SWAMY THEVAR, VILL.- ACHILAPURAM, DIST.- BIRUDHUNAGAR, TAMIL NADU. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PUBLIC PROSECUTOR. 2:PREM SINGH SAURAWAT COMMANDANT 125 BN CRPF BASUGAON P.S.- BASUGAON DIST.- CHIRANG KAJALGAON Advocate for the Petitioner : MS. B SARMA (LEGAL AID COUNSEL) Advocate for the Respondent : PP, ASSAM Linked Case : AC/2007 SRI R SARVANAN Page No.# 2/5 VERSUS THE STATE OF ASSAM AND ANR H ------------ Advocate for : MS. B SARMA Advocate for : appearing for THE STATE OF ASSAM AND ANR H Linked Case : AC/2007 SRI R SARVANAN VERSUS THE STATE OF ASSAM AND ANR H ------------ Advocate for : MS. B SARMA Advocate for : appearing for THE STATE OF ASSAM AND ANR H BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MARLI VANKUNG