THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. STATE OF ASSAM AND 2 ORS
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/175/2020 MANTU KALITA S/O- LATE KRISHNA KALITA R/O- VILL.- PATIDOIVERELA P.S. MISSAMARI DIST.- SONITPUR ASSAM PIN- 784506. VERSUS STATE OF ASSAM AND 2 ORS. REP. BY PUBLIC PROSECUTOR ASSAM. 2:SRI BABUL BHOWMIK @ BABUL DAS BHOWMIK S/O- SUKUMAR BHOWMIK @ HARADHAN BHOWMIK R/O- VILL.- PATIDOI BHERELA P.S. MISSAMARI DIST.- SONITPUR ASSAM PIN- 784506. 3:SRI SUKUMAR BHOWMIK @ HARADHAN BHOWMIK S/O- LATE SUBENDRA BHOWMIK R/O- VILL.- PATIDOI BHERELA P.S. MISSAMARI DIST.- SONITPUR ASSAM PIN- 784506. ------------ Advocate for : MR Z ALAM Advocate for : PP ASSAM appearing for STATE OF ASSAM AND 2 ORS. Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE N. KOTISWAR SINGH HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY Order 19-07-2022 (N. Kotiswar Singh, J) Heard Ms. S. Nazneen, learned counsel for the applicant. Also heard Ms. S. Jahan, learned Additional, P.P. Assam and Mr. D.P. Mandal, leaned counsel for the opposite party nos. 2 & 3. The present application has been filed for condoning the delay of 59 days in filing the Criminal Appeal arising out of Judgment and Order dated 13.08.2013 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 304/2015 in acquitting the opposite party nos.2 & 3. Mr. D.P. Mandal, learned counsel for the opposite party nos.2 & 3, however, submits that the application has not been filed by disclosing the correct factual aspects as regards the receipt of the certified copies of the order dated 13.08.2013 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 304/2015. Learned counsel for the applicant submits that these are bonafide mistakes and not intentional. However, we are of the view that though there is a delay of 59 days in filing the appeal, the reason for delay in filing the appeal is not found to be a prolonged nature as to shut the door of this Court. Accordingly, we are inclined to allow this application by condoning the delay of 59 Page No.# 3/3 days. Comparing Assistant JUDGE JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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