Sankar Rajbongshi v. The State of Assam and Anr

ORDER

28.02.2024

Heard Mr. A. J. Ghosh, learned counsel for the applicant and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. Page No.# 2/2 By this interlocutory application filed under section 5 of the Limitation Act, 1963, the applicant has prayed for condonation of delay of 63 days in preferring the connected appeal. It is submitted by the learned counsel for the petitioner that after the conviction, the applicant has been detained in custody and as such he could not collect the certified copy of the impugned judgment and order and not in a position to engage a lawyer as a result of which 63 days delay has been occured in filing the connected criminal appeal. On the other hand, Mr. G. P. Goswami, learned Additional Public Prosecutor has no objection in condoning the delay. Accordingly, delay is condoned. Interlocutory application stands disposed of. Registry is directed to register the appeal and list the same for admission.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010225142023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/963/2023 SANKAR RAJBONGSHI S/O LATE ARUN RAJBONGSHI, VILL.- TEOKGHAT DEVI TUKURABASTI, P.S.- SONARI, DIST.- CHARAIDEO, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE LD. P.P., ASSAM. 2:BIRBAL RAJUAR S/O LATE NAKALA RAJUAR VILL.- TEOKGHAT DEVI TUKURABASTI P.S.- SONARI DIST.- CHARAIDEO ASSAM Advocate for the Petitioner : MR. A R SHOME Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI