23.03.2026 vs The State Of Meghalaya on 23 March, 2026

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    Meghalaya High Court

    Date Of Decision: 23.03.2026 vs The State Of Meghalaya on 23 March, 2026

    Author: W. Diengdoh

    Bench: W. Diengdoh

                                                                  2026:MLHC:260-DB
    
    
    
    
         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
                                                                 2026:MLHC:260-DB
    
    
    
    
           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

    SPONSORED

    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.

    2026:MLHC:260-DB

    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
    



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