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2026 DAILYLAW 39 (MEG)

ANAND SWARUP RAI v. STATE OF MEGHALAYA

Crl.M.C./40/2026 · 2026-03-24

W Diengdoh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Serial No. 02 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 40 of 2026 Date of Decision: 24.03.2026 Shri Anand Swarup Rai Son of (L) Ramprit Rai, (Convict presently serving sentence at District Jail, Jowai). Resident of Chakhaje Village, P.S. Tisiauta, Vaishali District, Bihar. …….. Applicant/Petitioner - Vs- State of Meghalaya through the Commissioner & Secretary to the Government of Meghalaya, Department of Home (Police), Civil Secretariat, Shillong. ……… Respondent Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Ms. R. Dutta, Legal Aid Counsel. Mr. S. Chanda, Adv. For the Respondent(s) : Ms. S. Shyam, GA i) Whether approved for reporting in Yes/No Law journals etc.: 2026:MLHC:264 2 ii) Whether approved for publication in press: Yes/No JUDGMENT AND ORDER (ORAL) 1. Heard Ms. R. Dutta, learned Legal Aid Counsel for the applicant, who has submitted that the applicant has filed an appeal before this Court, being aggrieved and dissatisfied by the impugned judgment dated 06.12.2024 and related order of sentence dated 09.12.2024 passed by the Court of the learned Special Judge (POCSO), East Jaintia Hills District, Khliehriat in POCSO Case No. 26 of 2021 under Section 7/8/9(m)/10 of the POCSO Act, 2012. 2. However, while preferring an appeal, a delay of 408 days has occurred, due to circumstances which is beyond the control of the applicant, inasmuch as, there was no support from his family members/relatives, as such, he could not prefer an appeal within the prescribed period of limitation. Thereafter, a Legal Aid Counsel was provided to him, and eventually, the appeal was prepared by the Legal Aid Counsel. It is therefore prayed that the delay be condoned and the appeal be admitted. 3. Ms. S. Shyam, learned GA appearing for the State respondent has no objection to the prayer for condonation of the delay. 4. On consideration of the submission made, this Court is inclined to allow this application on being satisfied that the grounds cited for the delay 2026:MLHC:264 3 contain sufficient cause. Accordingly, the delay of 408 days in preferring the appeal is hereby condoned. 5. Registry is directed to diarize the appeal and list it for admission after 1(one) week. 6. Misc. Case disposed of. Judge 2026:MLHC:264 Digitally signed by DARIKORDOR NARY Date: 2026.03.24 17:53:21 IST