Meghalaya High Court
Crl.M.C./133/2024 of SHAININGSTAR KHARTHANGMAW Vs STATE OF MEGHALAYA on 17 December 2024
Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 133 of 2024 Date of Order: 17.12.2024 Shri. Shainingstar Kharthangmaw (in Jail) S/o Shri. Dwir Mawlong R/o Sohmylleng P.S. Mairang, Eastern West Khasi Hills, Meghalaya. ::::: Applicant -Vs- State of Meghalaya through Superintendent of
Serial No. 01 Regular List
HIGH COURT OF MEGHALAYAAT SHILLONG
Crl.M.C. No. 133 of 2024
Date of Order: 17.12.2024
Shri. Shainingstar Kharthangmaw (in Jail)S/o Shri. Dwir MawlongR/o SohmyllengP.S. Mairang, Eastern West Khasi Hills,Meghalaya.
:::::Applicant
-Vs-
State of MeghalayathroughSuperintendent of Police,Eastern West Khasi Hills,Meghalaya.
:::::Respondent
Coram:
Hon’ble Mr. Justice W. Diengdoh, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:
For the Petitioner/Applicant(s): Ms. S. Nongsiej, Adv.For the Respondent(s): Mr. R. Gurung, GA.Mr. S. Sengupta, Addl. PP.
i) Whether approved for reporting in Law journals etc.:
Yes/No
ii) Whether approved for publication in press:
Yes/No
ORAL:
1. Ms. S. Nongsiej, learned counsel for the applicant hassubmitted that the applicant being aggrieved by the judgment dated16.07.2024 passed by the learned Special Judge (POCSO), West KhasiHills District, Nongstoin in Special (POCSO) Case No. 09 of 2023 andthe following sentence dated 23.07.2024 has now approach this Courtwith an 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 atthe relevant point of time, as such, a delay of 82 days has occurred infiling the 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 82 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 thevacation.
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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