Indrajit Das v. The State of Assam and Anr

ORDER

24.06.2024

¶1Heard learned counsel Mr. S. A. Hussain for the applicant, Indrajit Das.

¶2This application has been filed by the applicant under Section 5 of the Limitation Act, 1963 with prayer for condonation of delay of 347 days in filing the connected appeal.

¶3Heard learned counsel Mr. N. J. Das for respondent No. 2. Also heard Mr. K. Page No.# 3/3 K. Parashar, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is submitted that when the Judgment and Order was passed on

10.05.2022, the applicant was suffering from severe pain on his limbs. It is further submitted that the applicant being an illiterate person was unaware of any appellate provisions against the Judgment and Order. When he learnt about the provision of appeal from the jail inmates, then he has come forward and preferred this appeal.

¶5I have considered the submissions at the Bar with circumspection.

¶6It appears that there was no willful negligence on the part of the applicant. The applicant has shown sufficient grounds for condonation of delay, and delay is hereby condoned.

¶7Office to register the connected appeal.

¶8In view of the above observations, application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010268452023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1151/2023 INDRAJIT DAS S/O LATE PRIYALAL DAS, R/O KAMAKHYA COLONEY, HOUSE NO. 64, P.S.- JALUKBARI, PIN- 781012 IN THE DISTRICT OF KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P.P., ASSAM. 2:RAJU DAS S/O LATE CHANDRA MOHAN DAS R/O KAMAKHYA COLONEY HOUSE NO. 64 P.S.- JALIUKBARI PIN- 781012 IN THE DISTICT OF KAMRUP (M) ASSAM Advocate for the Petitioner : MR S DAS Advocate for the Respondent : PP, ASSAM Linked Case : INDRAJIT DAS Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR. A ------------ Advocate for : MR S DAS Advocate for : appearing for THE STATE OF ASSAM AND ANR. A Linked Case : INDRAJIT DAS VERSUS THE STATE OF ASSAM AND ANR. A ------------ Advocate for : MR S DAS Advocate for : appearing for THE STATE OF ASSAM AND ANR. A BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND