22.04.2026 vs State Of Meghalaya Represented By The on 22 April, 2026

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    Meghalaya High Court

    Date Of Decision: 22.04.2026 vs State Of Meghalaya Represented By The on 22 April, 2026

    Author: W. Diengdoh

    Bench: W. Diengdoh

                                                                  2026:MLHC:381-DB
    
    
    
         Serial No. 19
         Regular List
    
                          HIGH COURT OF MEGHALAYA
                              AT SHILLONG
    Crl.M.C. No. 59 of 2026
                                                         Date of Decision: 22.04.2026
    Shri. Dishos Pale @ Chos Pale,
    S/o (L) Bod Pulang,
    R/o Nongjri, Ladrymbai Outpost,
    P.S. Khliehriat, East Jaintia Hills District,
    Meghalaya
                                                ......... Applicant/Appellant
                                       -Vs-
    
    State of Meghalaya represented by the
    Public Prosecutor.
                                                  ............ Respondent
    Coram:
                     Hon'ble Mr. Justice W. Diengdoh, Judge
                     Hon'ble Mr. Justice B. Bhattacharjee, Judge
    
    Appearance:
    For the Petitioner/Applicant(s)    :      Mr. A. Dey, Legal Aid Counsel.
    
    For the Respondent(s)              :      Mr. N.D. Chullai, AAG with
                                              Mr. E.R. Chyne, GA.
    
    i)       Whether approved for reporting in                   Yes/No
             Law journals etc.:
    
    ii)      Whether approved for publication
             in press:                                           Yes/No
    
    Per W. Diengdoh, (J):
    
                           JUDGMENT AND ORDER (ORAL)

    1. Heard Mr. A. Dey, learned Legal Aid Counsel for the applicant, who

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    2026:MLHC:381-DB

    SPONSORED

    has submitted that the applicant has preferred an appeal before this Court against

    the impugned judgment and related order of sentence dated 30.06.2023 passed

    by the Court of the learned Sessions Judge, East Jaintia Hills District, Khliehriat

    in Sessions Case No. 76 of 2022, wherein, he was convicted and sentenced to

    undergo rigorous imprisonment for a period of 10(ten) years with fine of ₹

    20,000/- (Rupees twenty thousand) only under Section 377 IPC, and in default

    thereof, to undergo further simple imprisonment of 5(five) months.

    2. However, while preferring an appeal, a delay of 960 days has

    occurred, due to the fact that after the pronouncement of the said impugned

    judgment and related order of sentence dated 30.06.2023, the applicant was

    immediately forwarded to the District Prison and Correctional Services, Jowai,

    as a result of which, he lost all formal communication with his family members.

    As such, he could not prefer an appeal within the prescribed period of limitation.

    Thereafter, legal aid was sought for, and accordingly, this application was

    processed through Legal Aid Counsel. It is therefore prayed that the delay be

    condoned and the appeal be admitted.

    3. Mr. N.D. Chullai, learned AAG assisted by Mr. E.R. Chyne, 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, we are persuaded to allow

    this application on being satisfied that the grounds cited for the delay contain

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    2026:MLHC:381-DB

    sufficient cause. Accordingly, the delay of 960 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.

                        (B. Bhattacharjee)                                       (W. Diengdoh)
                              Judge                                                  Judge
    
    
    
    
    Signature Not Verified                                        3
    Digitally signed by
    DARIKORDOR NARY
    Date: 2026.04.22 19:10:55 IST
    



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