Meghalaya High Court
Crl.M.C./73/2024 of ALOI SUIAM Vs STATE OF MEGHALAYA on 13 August 2024
Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 73 of 2024 Date of Order: 13.08.2024 Shri. Aloi Suiam S/o (L) Shri. Lowis Sayoo R/o Mookyndeng Village, West Jaintia Hills District, Meghalaya. ::::: Applicant -Vs- State of Meghalaya, Through the Commissioner & Secretary To the
Serial No. 01 Regular List
HIGH COURT OF MEGHALAYAAT SHILLONG
Crl.M.C. No. 73 of 2024
Date of Order: 13.08.2024
Shri. Aloi Suiam S/o (L) Shri. Lowis SayooR/o Mookyndeng Village,West Jaintia Hills District,Meghalaya.:::::Applicant -Vs- State of Meghalaya,Through the Commissioner & SecretaryTo the Government of Meghalaya,Department of Home (Police), Civil Secretariat, Shillong, Meghalaya:::::Respondent
Coram:
Hon’ble Mr. Justice W. Diengdoh, Judge
Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:
For the Petitioner/Applicant(s): Mr. K.S. Kynjing, Sr. Adv. withMr. G. Syngkrem, Adv.Ms. B. Rapsang, Adv.For the Respondent(s): Mr. N.D. Chullai, AAG. withMr. E.R. Chyne, GA.
i) Whether approved for reporting in Law journals etc.:
Yes/No
ii) Whether approved for publication in press:Yes/No ORAL:
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1. Heard Mr. K.S. Kynjing, learned senior counsel for theapplicant as well as Mr. N.D. Chullai, learned AAG for the Staterespondent.
2. This is an application for condonation of delay of 39 days inpreferring the connected criminal appeal. Initially, when the matter cameup for consideration, the State has raised an objection as to themaintainability of the appeal itself, wherein, it was pointed out that theappeal was filed under the provision of the new Code i.e. the BNSS, 2023,when in fact, the appeal pertains to an issue of conviction which arosebefore 1[st] July, 2024. Under such circumstances, it was the contention ofthe State respondent that the appeal ought to have been preferred under theold Code i.e. the Cr.P.C, 1973. This was with reference to the provision ofSection 531 (2)(a) of the BNSS which is a saving clause, and whichprovision reads as follows:
“531. Repeal and savings.– (2) Notwithstanding suchrepeal –
(a) if, immediately before the date on which this Sanhita comesinto force, there is any appeal, application, trial, inquiry orinvestigation pending, then, such appeal, application, trial,inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions ofthe Code of Criminal Procedure, 1973 (2 of 1974), as in forceimmediately before such commencement (hereinafter referred toas the old Code), as if this Sanhita had not come into force;”
3. Accordingly, in due course, the applicant has amended thememo of appeal, and has now preferred the appeal under the provision ofthe old Code i.e. the Cr.P.C. This being the case, the dispute in this regarddoes not survive for consideration by this Court in this matter.
4. Upon hearing the parties, on the objection of the Staterespondent, being attended to, this Court is also of the opinion that theappeal will be allowed to be filed under the provision of the old Code,subject to relevant orders passed in this instant application.
5. Mr. N.D. Chullai, learned AAG has no objection to thecondonation of delay as prayed for by the learned senior counsel for theapplicant.
6. Accordingly, the total delay of 39 days is hereby condoned.
7. Misc. Case stands disposed of.
8. Registry is directed to diarize the appeal and list it foradmission after 1(one) week before the appropriate bench.
9. As regard the issue of whether the provision of the old Code i.e.
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the Cr.P.C, 1973 or the new Code i.e. the BNSS, 2023 would apply in casesof appeal or bail applications or the like being filed before this Court on orafter 1[st] July, 2024, the issue of law will remain to be decided.
(B. Bhattacharjee)
(W. Diengdoh)
Judge Judge