Extracted from the PDF above. The PDF is authoritative.
1
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.: 2025:MLHC:146-DB
2
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 2025:MLHC:146-DB
3
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
2025:MLHC:146-DB Digitally signed by DARIKORDOR NARY Date: 2025.03.06 19:14:20 IST