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Judgment
B. Bhattacharjee, J
Heard Mr. M.A. Laitmon, learned counsel appearing for the applicant and also Mr. N.D. Chullai, learned AAG assited by Mr. E.R. Chyne, learned GA appearing for the opposite parties.
By this application, the applicant has sought for condonation of delay of 1,151 days in preferring the connected criminal appeal against the Judgement and Order dated 25.11.2021 passed by the Court of the Session Judge, West Jaintia Hills District, Jowai in Session Case No.80 of 2015.
The reason for delay is stated to be due to illiteracy and financially poor background of the applicant. It is also stated that the mother of the applicant was a patient of cancer and was continuously suffering till she passed away and there was no one to extend support to the applicant in preferring the appeal against his conviction.
Against the prayer of condonation, an objection has been filed by the opposite parties. The learned AAG appearing for the respondents argued that there is proper explanation of reason for the delay.
Upon hearing the learned counsel appearing for the parties and on perusal of the averments made in the application, this Court finds that the ground for delay has been sufficiently explained. Taking into consideration that the applicant has a right to challenge his conviction in appeal, the prayer made in this application stands allowed by condoning the delay of 1,151 days in preferring the connected criminal appeal.
Registry to diarize the appeal and list it for admission.
This Criminal Misc.Case stands disposed of.