Kishore Medhi v. The State of Assam and Anr

ORDER Date : 09.02.2024 Heard Ms. P.B. Bordoloi, learned legal aid counsel for the applicant. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor.

¶2This application under Section 5 of the Limitation Act, 1963 has been filed by the applicant, namely, Kishore Medhi, praying for condoning the delay of 41 days in filing the connected criminal appeal impugning the judgment dated

28.07.2023, passed in Sessions Case No. 18/2023 by the learned Sessions Judge, Majuli, whereby the present applicant has been convicted under Section 326 IPC and has been sentenced to undergo rigorous imprisonment for 3 (three) years and to pay a fine of Rs.10,000/- and in default of payment of fine to suffer further simple imprisonment for 1 (one) month.

¶3The learned legal aid counsel for the applicant has submitted that she has been engaged in this case on 03.10.2023 by the Gauhati High Court Legal Aid Committee and some time was taken for preparation of appeal after going through the records of the case. The further reason for delay has been mentioned in paragraph nos.4 and 5 of the condonation of delay application.

¶4The learned Additional Public Prosecutor, considering the fact that this Page No.# 3/3 appeal has been preferred by the learned legal aid counsel, does not oppose the prayer for condoning the delay.

¶5Considering the submissions of the learned counsel for the parties as well as considering the reasons mentioned in paragraph nos.4 and 5 of the condonation of delay application, this Court is of the opinion that the reasons stated in the said paragraphs are sufficient and good reasons for condoning the delay of 41 days in filing the connected criminal appeal. Hence the delay is hereby condoned and this interlocutory application is accordingly disposed of.

¶6Let the connected criminal appeal be registered and listed on

21.02.2024. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010256712023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1118/2023 KISHORE MEDHI S/O LATE DAMODHAR MEDHI, VILL.- MOLONG GOAN UNDER JENGRAIMUKH POLICE STATION IN THE DISTRICT OF MAJULI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM. 2:SUNIL SAIKIA S/O LATE JAGAT SAIKIA VILL.- MOLONG GOAN UNDER JENGRAIMUKH POLICE STATION IN THE DISTRICT OF MAJULI ASSAM Advocate for the Petitioner : MRS. P B BORDOLOI (LEGAL AID COUNSEL)) Advocate for the Respondent : PP, ASSAM Linked Case : KISHORE MEDHI VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR. E ------------ Advocate for : MRS. P B BORDOLOI Advocate for : appearing for THE STATE OF ASSAM AND ANR. E BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA