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2026 DAILYLAW 72 (MEG)

SAMBOR SAWKMIE v. THE STATE OF MEGHALAYA

Crl.M.C./21/2026 · 2026-03-09

B Bhattacharjee, W Diengdoh

body2026

Judgment text

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1 Serial No. 03 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Crl.M.C. No. 21 of 2026 Date of Decision: 09.03.2026 Shri. Sambor Sawkmie, Aged about 25 years, S/o (L) Kyier Khyllait, R/o Nongkyndong Umiapwar Village, PS: Umiam, Ri-Bhoi District, Meghalaya. Partly serving sentence in District Correctional and Detention Centre, Ri-Bhoi, Nongpoh. ……….. Applicant/Convict -Vs- The State of Meghalaya Represented by Chief Secretary Government of Meghalaya. ………… Respondent Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Applicant(s) : Mr. S.P. Mahanta, LAC with Ms. S. Chettri, Adv. For the Respondent(s) : Mr. S. Sengupta, Addl. PP. Mr. A.H. Kharwanlang, Addl. PP. i) Whether approved for reporting in Yes/No Law journals etc.: 2026:MLHC:159-DB 2 ii) Whether approved for publication in press: Yes/No Per W. Diengdoh, (J): JUDGMENT AND ORDER (ORAL) 1. Heard Mr. S.P. Mahanta, learned Sr. counsel, who is also the Legal Aid Counsel in this matter, assisted by Ms. S. Chettri, learned counsel for the applicant, who has submitted that the applicant has preferred an appeal before this Court against the impugned judgment dated 12.08.2024 and related order of sentence dated 13.08.2024 passed by the Court of the learned Sessions Judge, Ri-Bhoi District, Nongpoh in Sessions Case No. 3 of 2022, wherein, he was directed to undergo rigorous imprisonment for a period of 10 years with fine of ₹ 10,000/- (Rupees ten thousand) only for an offence punishable under Section 376(1) IPC. 2. However, while preferring an appeal, a delay of 503 days has occurred, the reason being that the applicant is an illiterate person, and has no means to engage a counsel. 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. Mr. S. Sengupta, learned Addl. PP appearing for the State respondent has no objection to the admission of the appeal. 2026:MLHC:159-DB 3 4. On consideration of the submission made, we find that there are good grounds for the appeal to be heard on merits. Accordingly, the delay of 503 days in preferring the appeal is hereby condoned. 5. Registry is directed to diarize the appeal and list it for admission on 16.03.2026. 6. Misc. Case disposed of. (B. Bhattacharjee) (W. Diengdoh) Judge Judge 2026:MLHC:159-DB Digitally signed by DARIKORDOR NARY Date: 2026.03.09 18:15:49 IST