Belun Roy v. The State of Assam

ORDER

27.05.2024 Heard Mr P K Das, learned counsel for the applicant, Belun Roy, who has prayed for condonation of delay of 63 days in filing the appeal against the Judgment and Order of conviction dated 30.09.2023, passed by the learned Sessions Judge, Kokrajhar, vide Page No.# 2/2 Criminal Appeal No. 05/2021.

¶2Heard Ms A Begum, learned Additional Public Prosecutor for the State of Assam.

¶3It is submitted on behalf of the applicant that immediately after the judgment was pronounced, certified copies of the same were not furnished to the applicant. The applicant, who is a daily rated labourer and who had to take care of his wife and child was precluded from filing the appeal during the period of limitation.

¶4The learned Additional Public Prosecutor has raised no objection.

¶5It appears that there was no willful negligence on the part of the applicant.

¶6Hence, the delay is condoned.

¶7Registry to register the connected appeal and list the same for hearing in usual course.

¶8Interlocutory Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010027872024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/213/2024 BELUN ROY S/O LT PENDA ROY, VILL.- PADMABIL, P.O. AND P.S.- GOSSAIGAON, DIST.- KOKRAJHAR (BTAD), ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR P K DAS Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND