Bablu Goala v. The State of Assam and Anr

ORDER Date : 12.08.2024 [M. Choudhury, J] Heard Ms. N. Hassan, learned Legal Aid Counsel for the applicant-appellant Page No.# 2/3 and Mr. K.K. Das, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

¶2The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 109 days which is stated to have occurred in preferring the accompanying criminal appeal against a Judgment dated 19.01.2024 and an Order dated 20.01.2024 passed by the Court of learned Sessions Judge, Cachar at Silchar in Sessions Case no. 107/2018. By the said Judgment and Order of conviction and sentence, the applicant-appellant has been convicted for the offence of murder under Section 302, Indian Penal Code and he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo further simple imprisonment for 3 [three] months.

¶3The applicant-appellant has explained in paragraph 2, 3 & 4 [of the instant application] the reasons for the delay of 109 days.

¶4Mr. Das, learned Additional Public Prosecutor appearing for the State has fairly submitted that since the applicant-appellant has been convicted for serious offence like murder under Section 302, IPC and has been sentenced for life imprisonment, interest of justice would be better sub-served if the accompanying appeal is heard on merit.

¶5We have gone through the statements and averments made in the instant interlocutory application, more particularly, in paragraph 2, 3 & 4, thereof.

¶6Having gone through the same, we are of the view that the applicant-appellant has been able to explain the reason for delay with sufficient cause. Moreover, as the applicant-appellant because of his conviction under Section Page No.# 3/3 302, IPC has been sentenced to undergo life imprisonment, the cause of justice, in our considered view, would be better sub-served if the accompanying appeal is heard on merits.

¶7Accordingly, the instant interlocutory application seeking condonation of delay of 109 days stands allowed.

¶8The Registry to register the appeal and thereafter, list the appeal for admission.

JUDGE JUDGE Comparing Assistant

Page No.# 1/3 GAHC010137042024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/719/2024 BABLU GOALA S/O LT JOGADISH GOALA, VILL.- TILKA, BHUNHADAR, P.S.- LAKHIPUR, DIST.- CACHAR, PIN- 788103, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P. 2:BIKRAM GOALA S/O SITARAM GOALA VILL.- TILKA BHUNHADAR P.S.- LAKHIPUR DIST.- CACHAR PIN- 788103 ASSAM Advocate for the Petitioner : MS N HASSAN (LEGAL AID COUNSEL), Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI