Meghalaya High Court
Date Of Decision: 23.03.2026 vs The State Of Meghalaya on 23 March, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
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Serial No. 05
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 37 of 2026
Date of Decision: 23.03.2026
Md. Atwar Ali
S/o (L) Abdul Rahman,
R/o Dakinhatichula Village,
P.O Barovidya, P.S. Chaigoan,
District: Kamrup, Assam.
Presently lodged in District Jail, Nongpoh.
........... Applicant/Petitioner
-Vs-
1. The State of Meghalaya, represented by
The Secretary to the Government of Meghalaya,
Home (Police), Shillong.
2. The Superintendent of Police,
Ri-Bhoi District, Nongpoh,
Meghalaya.
............ Opposite Parties
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Hon'ble Mr. Justice B. Bhattacharjee, Judge
Appearance:
For the Petitioner/Applicant(s) : Mr. S. Kumar, Adv.
For the Respondent(s) : Mr. R. Gurung, GA.
Mr. H. Abraham, GA.
i) Whether approved for reporting in Yes/No
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Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
Per W. Diengdoh, (J):
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. S. Kumar, learned counsel for the applicant, who has
submitted that the applicant has filed an appeal before this Court, being
aggrieved by the impugned judgment dated 16.10.2025 and related order of
sentence dated 17.10.2025 passed by the Court of the learned Sessions Judge,
Ri-Bhoi District, Nongpoh in Sessions Case No. 156 of 2015 under Section
376(1) IPC.
2. However, while preferring an appeal, a delay of 90 days has
occurred, due to circumstances which is beyond the control of the applicant,
since he is an illiterate and poor person, as such, he could not prefer an appeal
within the prescribed period of limitation. It is therefore prayed that the delay
be condoned and the appeal be admitted.
3. Mr. R. Gurung, 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 find that there are
good grounds for the appeal to be heard on merits. Accordingly, the delay of
90 days in preferring the appeal is hereby condoned.
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5. Registry is directed to diarize the appeal and list it for admission on
01.04.2026.
6. Misc. Case disposed of.
(B. Bhattacharjee) (W. Diengdoh)
Judge Judge
Signature Not Verified
Digitally signed by
DARIKORDOR NARY
Date: 2026.03.23 20:20:13 IST