Crl.M.C./32/2026 of ELIPSING LAWAI AND ANR. Vs THE STATE OF MEGHALAYA on 25 March 2026

1. Shri. Elipsing Lawai S/o (L) Roshan Marwein R/o Mawshro Main Road, Mawryngkneng, East Khasi Hills, Meghalaya.

……… Appellant/Convict No. 1

2. Shri. Marwello Lawai

S/o (L) Roshan Marwein

R/o Mawshro Main Road, Mawryngkneng,

East Khasi Hills,

Meghalaya.

.…….. Appellant/Convict No. 2

-Vs-

The State of Meghalaya represented by The Public Prosecutor, East Khasi Hills, Shillong.

………… Respondent

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Ms. D.M. Warjri, Legal Aid Counsel.

For the Respondent(s)

: Mr. Sengupta, Addl. PP with

Mr. R. Gurung, GA.

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 Ms. D.M. Wajri, learned Legal Aid Counsel for the applicants/convicts, who has submitted that the applicants/convicts has preferred an appeal before this Court against the impugned judgment dated 02.06.2025 and related order of sentence dated 09.06.2025 passed by the Court of the learned Additional Deputy Commissioner (Judicial), East Khasi Hills, Shillong in Sessions Case No. 43 (T) 2022 under Section 323/343/376-D IPC.

2. However, while preferring an appeal, a delay of 216 days has occurred, the reason being that the family members/relatives of the applicants/convicts are economically backward and illiterate, and has no means to engage a private counsel, as such, they could not prefer an appeal within the statutory period. Thus, 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. S. Sengupta, learned Addl. PP along with 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 216 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: 2026.03.25 18:16:35 IST Signature Not Verified