2024:MLHC:1162-DB
Serial No. 01
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 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 Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
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2024:MLHC:1162-DB
ORAL:
1. Ms. S. Nongsiej, learned counsel for the applicant has
submitted that the applicant being aggrieved by the judgment dated
16.07.2024 passed by the learned Special Judge (POCSO), West Khasi
Hills District, Nongstoin in Special (POCSO) Case No. 09 of 2023 and
the following sentence dated 23.07.2024 has now approach this Court
with an application against such judgment and sentence.
2. However, since the applicant is an illiterate person coming
from a poor background, not having the means to engage a counsel at
the relevant point of time, as such, a delay of 82 days has occurred in
filing the appeal, for which prayer for condonation of the same is made.
3. Mr. R. Gurung, learned GA appears on behalf of the State
respondent.
4. This Court on consideration of the prayer made, taking into
account the merits to be decided as far as the appeal is concerned, is
inclined to allow the prayer made for condonation of the delay.
Accordingly, this application is allowed and the delay of 82 days in
filing the appeal is condoned.
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2024:MLHC:1162-DB
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 book
within 4(four) weeks.
(B. Bhattacharjee) (W. Diengdoh)
Judge Judge
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Signature Not Verified
Digitally signed by
DARIKORDOR NARY
Date: 2024.12.17 17:42:12 IST