2024:MLHC:1161-DB
Serial No. 01
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 &
Correctional Home, Tura.
::::: Applicant
-Vs-
State of Meghalaya
Through 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 Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
1
2024:MLHC:1161-DB
ORAL:
1. Mr. S.D. Upadhaya, learned counsel for the applicant has
submitted that the applicant being aggrieved by the impugned judgment
dated 08.05.2023 passed by the learned Special Judge (POCSO), West
Garo Hills, Tura in Special (POCSO) Case No. 14 of 2018 and the
following sentence dated 09.05.2023 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 525 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 525 days in
filing the appeal is condoned.
2
2024:MLHC:1161-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
3
Signature Not Verified
Digitally signed by
DARIKORDOR NARY
Date: 2024.12.17 17:51:34 IST