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2025 DAILYLAW 643 (MEG)

RESWEL KSHIAR v. THE STATE OF MEGHALAYA AND ANR.

Crl.M.C./24/2025 · 2025-04-09

B Bhattacharjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 03 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No.24 of 2025 Date of Order: 09.04.2025 Shri. Reswel Kshiar, S/o Smti. Beris Kshiar, R/o 17th mile Byrnihat, Ri-Bhoi District, Meghalaya. …..Applellant -VERSUS- 1. The State of Meghalaya through the Superintendent of Police Ri-Bhoi District, Meghalaya. 2. Office-in-charge, Nongpoh Police Station Ri-Bhoi District, Meghalaya. ….. Respondents Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Mr. K.V. Kharlyngdoh, Adv For the Respondent(s) : Mr. H. Kharmih, PP Mr. S. Sengupta, Addl.PP Mr. R. Gurung, GA Heard Mr. K.V. Kharlyngdoh, learned counsel appearing for the applicant and also Mr. H. Kharmih, learned PP appearing for the respondents. By this application the applicant has prayed for condonation of delay of 324 days in preferring the appeal against the Judgment and Order 2025:MLHC:286 dated 15.03.2024 and related Order of Sentence passed by the Special Judge (POCSO) Nongpoh, Ri-Bhoi District in Special POCSO Case No.3 of 2019. The learned counsel for the applicant submits that the applicant belongs to a poor and illiterate background. He submits that because of lack of resources, the applicant could approach his lawyer only recently and thereafter, without any further delay, the connected appeal has been preferred before this Court. The learned PP appearing for the respondents, on the other hand, submits that the reason for delay has not been properly explained by the applicant and in absence of any satisfactory explanation, the period of delay in preferring the appeal cannot be condoned. There is no dispute to the fact that the applicant comes from a poor and illiterate background and he is in custody consequent to his conviction and sentence in the case. As the period of delay sought to be condoned is in relation to a criminal appeal against conviction, a liberal approach is required to be adopted. Hence, the explanation offered by the applicant in the above factual background appears to be sufficient. Resultantly, the period of delay of 324 days in preferring the connected appeal is hereby condoned. The application stands allowed. Registry to diarize the appeal and list it for admission. Judge Meghalaya 09.04.2025 “Shrity” 2025:MLHC:286 Digitally signed by SHRITY CH MOMIN Date: 2025.04.10 06:26:25 IST