Meghalaya High Court
Crl.M.C./135/2024 of SADDAM HUSSAIN Vs STATE OF MEGHALAYA on 17 December 2024
Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 135 of 2024 Date of Order: 17.12.2024 Shri. Saddam Hussain, Son of Shri. Abul Jolil Sheikh, Resident of Pushkunipara, Phulbari, P.O: Phulbari, P.S. Phulbari, District: West Garo Hills, Meghalaya Presently lodged in District Prison
Serial No. 01 Supplementary List
HIGH COURT OF MEGHALAYAAT SHILLONG
Crl.M.C. No. 135 of 2024
Date of Order: 17.12.2024
Shri. Saddam Hussain,Son of Shri. Abul Jolil Sheikh,Resident of Pushkunipara, Phulbari,P.O: Phulbari, P.S. Phulbari,District: West Garo Hills, Meghalaya Presently lodged in District Prison &Correctional Home, Tura.
:::::Applicant
-Vs-
State of MeghalayaThrough Public Prosecutor :::::Op/Respondent
Coram:
Hon’ble Mr. Justice W. Diengdoh, Judge
Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:
For the Petitioner/Applicant(s): Mr. S.D. Upadhaya, Adv.For the Respondent(s): Mr. R. Gurung, GA.
i) Whether approved for reporting in Law journals etc.:
Yes/No
ii) Whether approved for publication in press:
Yes/No
ORAL:
1. Mr. S.D. Upadhaya, learned counsel for the applicant hassubmitted that the applicant being aggrieved by the impugned judgmentdated 08.05.2023 passed by the learned Special Judge (POCSO), WestGaro Hills, Tura in Special (POCSO) Case No. 14 of 2018 and thefollowing sentence dated 09.05.2023 has now approach this Court withan application against such judgment and sentence.
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2. However, since the applicant is an illiterate person comingfrom a poor background, not having the means to engage a counsel at therelevant point of time, as such, a delay of 525 days has occurred in filingthe appeal, for which prayer for condonation of the same is made.
3. Mr. R. Gurung, learned GA appears on behalf of the Staterespondent.
4. This Court on consideration of the prayer made, taking intoaccount the merits to be decided as far as the appeal is concerned, isinclined to allow the prayer made for condonation of the delay.Accordingly, this application is allowed and the delay of 525 days infiling the appeal is condoned.
5. Misc. Case stands disposed of.
6. Appeal is admitted.
7. Registry is directed to diarize the appeal and list it after the vacation.
8. Let the Trial Court records be produced before this Court on the next date. The appellant is also directed to prepare the paper bookwithin 4(four) weeks.
(B. Bhattacharjee)
(W. Diengdoh)
Judge Judge
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