Marna Pegu v. The State of Assam and Anr

ORDER Date : 05 .03. 2024 Heard Mr. A. Khan, learned counsel appearing on behalf of Mr. F. Khan, leaned counsel for the applicant and Mr. BB Gogoi, learned Addl. PP for the State respondent. This is an application filed under Section 5 of the Limitation Act for condoning the delay of 7 days in preferring the connected appeal against the impugned judgment and order dated 22.12.2023, passed by the learned Sessions Judge, Majuli in Sessions Case No. 29/2023, convicting the appellant under Section 380 IPC and sentencing him to undergo rigorous imprisonment for 3 years alongwith fine of Rs. 10,000 only and for default to undergo S.I for 2 months. The learned counsel for the petitioner has submitted that the accused was detained in district Jail, Majuli and subsequently, he came to know about the procedure for filing appeal from jail and thereafter the appeal was filed for which there was a delay of 7 days. The learned Addl. PP has no objection in condoning the delay of 7 days in Page No.# 3/3 preferring the connected appeal. Considering the submission of the learned counsel for the parties and the entire aspect of the matter, the ground mentioned in the petition which I find reasonable and accordingly, the present petition is allowed. The delay of 7 days is hereby condoned in preferring the connected appeal. The Registry is directed to register the connected appeal and list accordingly. With the above observation, the I.A. stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010044492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/220/2024 MARNA PEGU S/O SRI DEBEN PEGU, R/O BORALIMORA, P.O.- KAMBONG, P.S.- GARAMUR, DIST.- MAJULI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PUBLIC PROSECUTOR. 2:WAHIDUL ISLAM S/O HUSSAIN ALI R/O MADHUPUR GAON P.O.- MADHUPAR P.S.- GARAMUR DIST.- MAJULI ASSAM Advocate for the Petitioner : MR. FIRUZ KHAN Advocate for the Respondent : PP, ASSAM Linked Case : MARNA PEGU Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR. A ------------ Advocate for : MR. FIRUZ KHAN Advocate for : appearing for THE STATE OF ASSAM AND ANR. A BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA