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2026 DAILYLAW 320 (MEG)

BUN PHAWA v. THE STATE OF MEGHALAYA AND ANR.

Crl.M.C./96/2026 · 2026-06-05

W Diengdoh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF MEGHALAYA AT SHILLONG Crl. MC No. 96 of 2026 Date of order: 05.06.2026 Shri Bun Phawa, S/o Shri Komel Dkhar, R/o Pynthorsale Village, East Jaintia Hills District, Meghalaya ….Appellant Vs 1. State of Meghalaya, Through the Superintendent of Police, East Jaintia Hills District, Meghalaya. 2. The Officer-in-Charge, Khliehriat Police Station, East Jaintia Hills District, Meghalaya …. Respondents Coram: Hon’ble Mr. Justice W. Diengdoh, Judge i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No For the Petitioner/Appellant(s) : Ms. I.M. Lyngdoh, LAC For the Respondent(s) : Mrs. T. Yangi, B, AAG with Mr. J.N. Rynjah, GA Serial No. 03 Suplry List 2026:MLHC:535 ORDER (ORAL) 1. Heard Ms. I.M. Lyngdoh, learned Legal Aid Counsel for the petitioner, who has submitted that the petitioner herein, being aggrieved by the judgment dated 07.07.2025 and the related sentence dated 19.01.2026 passed by the learned Chief Judicial Magistrate, East Jaintia Hills District in GR Case No. 147 of 2019, whereby convicting the appellant under section 323/498A and 506 (Pt.II) of the Indian Penal Code, 1860, by which the appellant was convicted, has now approached this Court by way of an appeal. 2. However, while preferring such appeal, a delay of 271 days have occurred, the reason being that the appellant is an uneducated and illiterate person, who is not aware of his right to file appeal, and was not in a position to engage a private counsel. On the basis of these compounded factors, there have been a delay in the process of filing the related appeal. 3. It is prayed that the delay in filing the same may be condoned, since there are good grounds for the appeal to succeed, further submits the learned Legal Aid Counsel. 4. Mrs. T. Yangi, B, learned AAG along with Mr. J.N. Rynjah, learned GA has entered appearance on behalf of the State respondent, and has submitted that the State has no objection to the prayer made for condonation of the delay and the appeal to be heard on merits. 5. This Court has heard the learned counsel for the respective parties, though this Court is also concerned with the inordinate period of delay, nevertheless, for end of justice, this Court is inclined and persuaded by the reasons cited in this application. 6. Accordingly, the prayer made herein is allowed. The delay in filing the appeal is hereby condoned. 2026:MLHC:535 7. Registry is directed to register the appeal and list the same for admission after 1(one) week. 8. This Crl.MC. No. 96 of 2026 is disposed of. (W. Diengdoh) Judge Meghalaya 05.06.2026 “Khraw” 2026:MLHC:535 Digitally signed by KHRAWDAPBOR BUHPHANG Date: 2026.06.05 19:14:44 IST