Crl.M.C./123/2026 of KOLIBOR L. MAWNAI Vs THE STATE OF MEGHALAYA AND ANR. on 13 July 2026

1. The State of Meghalaya represented by

The Secretary & Commissioner,

Department of Prisons and Correctional Services, Government of Meghalaya.

2. Shri. Robert Lyngdoh Mawdoh,

S/o (L) Khriam Ryntathiang,

R/o Wahra Village, Mairang,

West Khasi Hills District,

Meghalaya (Informant).

……… Respondents

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Mr. S.P. Mahanta, LAC with

Mr. K. Deb, Adv.

For the Respondent(s)

: Mr. R. Gurung i) Whether approved for reporting in

Yes/No

Law journals etc.: ii) Whether approved for publication

in press:

Yes/No

Per W. Diengdoh, (J):

JUDGMENT AND ORDER (ORAL)

1. Heard Mr. S.P. Mahanta, learned Sr. counsel/Legal Aid Counsel for the appellant/convict, who has submitted that the appellant/convict has preferred an appeal before this Court against the impugned judgment dated 13.01.2026 and related order of sentence dated 04.02.2026 passed by the Court of the learned Sessions Judge, West Khasi Hills District, Nongstoin in Sessions Case No. 4 of 2021, whereby, he was convicted and sentenced to undergo rigorous imprisonment for life with fine of ₹ 3000/- (Rupees three thousand) only, and in default thereof, to undergo simple imprisonment of 4(four) for an offence punishable under Section 302 IPC.

2. However, while preferring an appeal, a delay of 111 days has occurred, due to circumstances which is beyond the control of the appellant/convict, since he belongs to a disadvantaged background, is not aware of his legal rights to file appeal or to engage a private counsel. As such, he could not prefer an appeal within the prescribed period of limitation. Thereafter, legal aid was sought for, and accordingly, this application was processed through

Legal Aid Counsel. It is therefore prayed that the delay be condoned and the appeal be admitted.

3. Mr. R. Gurung, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay.

4. On consideration of the submission made, we are persuaded to allow this application on being satisfied that the grounds cited for the delay contain sufficient cause. Accordingly, the delay of 111 days in preferring the appeal is hereby condoned.

5. Registry is directed to diarize the appeal and list it for admission after 1(one) week.

6. Misc. Case disposed of.

(B. Bhattacharjee) (W. Diengdoh)

Judge Judge

Digitally signed by DARIKORDOR NARY Date: 2026.07.13 19:35:38 IST Signature Not Verified