06.03.2025 vs State Of Meghalaya on 6 March, 2025

Meghalaya High Court

Date Of Decision: 06.03.2025 vs State Of Meghalaya on 6 March, 2025

Author: W. Diengdoh

Bench: W. Diengdoh

                                                               2025:MLHC:146-DB




     Serial No. 04
     Regular List



                        HIGH COURT OF MEGHALAYA
                            AT SHILLONG


Crl.M.C. No. 139 of 2024
                                                    Date of Decision: 06.03.2025
Shri. Ronal Murmu,
Son of Shri. Joseph Murmu,
Resident of Umran Dairy,
P.O. Nongpoh, P.S. Nongpoh,
District: Ri-Bhoi, Meghalaya.

Presently lodged in District Prison &
Correctional Home, Ri-Bhoi District,
Nongpoh.
                                             ::::: Applicant
                                  -Vs-

State of Meghalaya
through Public Prosecutor.
                                             ::::: Opposite Party/Respondent
Coram:
                 Hon'ble Mr. Justice W. Diengdoh, Judge
                 Hon'ble Mr. Justice B. Bhattacharjee, Judge

Appearance:
For the Petitioner/Applicant(s)   :          S.D. Upadhaya, Legal Aid Counsel
For the Respondent(s)             :          Mr. S. Sengupta, Addl. PP.
                                             Mr. R. Gurung, GA.

i)       Whether approved for reporting in                      Yes/No
         Law journals etc.:


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ii)   Whether approved for publication
      in press:                                            Yes/No

Per W. Diengdoh, (J):

                  JUDGMENT AND ORDER (ORAL)

1. Heard Mr. S.D. Upadhaya, learned Legal Aid Counsel for the

applicant, who has submitted that the applicant had preferred an appeal

before this Court against the impugned judgment dated 12.03.2020 and

related sentence dated 10.07.2020 passed by the learned Special Judge

(POCSO), Ri-Bhoi District, Nongpoh in Special (POCSO) Case No. 54 of

2015, whereby he was convicted and sentenced to undergo rigorous

imprisonment for a term of 10(ten) years with fine of ₹ 25,000/- (Rupees

twenty-five thousand) only, and in default of payment of fine to undergo

another 6(six) months simple imprisonment.

2. However, there has been a delay of 1557 days in preferring the

appeal. The delay is mostly on the ground that the applicant is not well-

versed with the process of filing of the appeal and not being conversant with

the same. It was only when a Legal Aid was offered to him that he realized

that it was his right to prefer the appeal. Hence, this application for

condonation of delay in filing the appeal.

3. Mr. S. Sengupta, learned Addl. PP for the State respondent has

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no strong objection to the prayer made as far as the application for

condonation of delay is concerned.

4. On consideration of the submission made, this Court is

convinced that though, the delay is inordinate, nevertheless, the grounds

cited are found convincing. Accordingly, the delay of 1557 days in filing

the appeal is condoned.

5. Misc. Case stands disposed of.

6. Registry is directed to diarize the appeal and list it for admission

after 1(one) week.

                           (B. Bhattacharjee)                               (W. Diengdoh)
                               Judge                                           Judge




Signature Not Verified                                     3
Digitally signed by
DARIKORDOR NARY
Date: 2025.03.06 19:14:20 IST