Arjun Koiry v. The State of Assam and Anr

ORDER Date : 20.05.2024 Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Ms. A. Begum, learned Addl. P.P., Assam for the State respondent. Page No.# 2/2 This application under Section 5 of the Limitation Act, 1963 praying to condone the delay of 39 days in filing teh Crl. Appeal against the impugned judgment and Order dated 13.10.2023 passed in connection with Sessions Case No. 15(T)/2022 by which the learned Addl. Sessions Judge-2, (FTC), Tinsukia was pleased to convict the accused/ petitioner under Section 448/354 of teh IPC and sentenced the accused petitioner to undergo imprisonment for a period of 6 (Six) months under Section 448 of IPC and also to undergo imprisonment for 3 (three) years under Section 354 of the IPC. It is submitted by Mr. Deuri learned counsel for the applicant that the applicant some how managed the necessary finance to engage an advocate to file appeal but in the 2nd week of December, 2023 the applicant became sick and suffered from Jaundice and could not file appeal from 10.12.2023 to

18.01.2024 as he was under treatment. Thereafter, the applicant took some time for consultation with his engaged counsel and in preparing the appeal. Hence, there was delay of 39 (thirty nine) days delay in filing the appeal. It is also submitted that there is no laches and negligence on the part of the applicant but he could not file the appeal within the statutory period of limitation for the above reasons. In this context, Ms. A. Begum, learned Addl. P.P. has submitted that the State has no objection if the delay of 39 days in filing the appeal is condoned. Considering the submissions made by the learned counsel for both the parties and the grounds of delay mentioned in the petition and also for the ends of justice, the present petition is allowed and thereby the delay is condoned. Registry to register the appeal and list it for admission. The I.A.(Crl) is disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010022182024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/203/2024 ARJUN KOIRY S/O LATE BANDHAN KOIRY, R/O PHILLOBARI LINE, TALAP, P.S.- DOOMDOOMA, DIST.- TINSUKIA, ASSAM, PIN- 786151. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P.P., ASSAM. 2:PADMINI GOWALA W/O LT. ANANDA GOWALA R/O TALAP T.E. PULIBARI LINE P.S.- DOOMDOOMA DIST.- TINSUKIA ASSAM PIN- 786151 Advocate for the Petitioner : MRS. R S DEURI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA