Meghalaya High Court
Date Of Decision: 25.03.2026 vs State Of Meghalaya on 25 March, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
2026:MLHC:275-DB
Serial No. 04
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 26 of 2026
Date of Decision: 25.03.2026
Shri. Visnu Bormon @ Vishnu Malik
Son of (L) Torun Borman,
R/o Pahansyiem Village, Nongpoh
Ri-Bhoi District, Meghalaya.
Presently serving sentence in
District Prison & Correctional Home,
Nongpoh
........... Applicant/Petitioner
-Vs-
State of Meghalaya
(Through 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. R.H. Alice, Legal Aid Counsel.
For the Respondent(s) : Mr. R. Gurung, GA.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
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2026:MLHC:275-DB
Per W. Diengdoh, (J):
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. R.H. Alice, learned Legal Aid Counsel for the
applicant, who has submitted that the applicant has preferred an appeal before
this Court against the impugned judgment dated 13.12.2023 and related order
of sentence dated 21.12.2023 passed by the Court of the learned Special Judge
(POCSO), Ri-Bhoi District, Nongpoh in POCSO Case No. 22 of 2015 under
Section 6/7 of the POCSO Act and under Section 376(2)(i) IPC.
2. However, while preferring an appeal, a delay of 753 days has
occurred, due to circumstances which is beyond the control of the applicant,
since he belongs to a poor family with no means to engage a private counsel,
as such, he could not prefer an appeal within the statutory period. Thus, 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. 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 are persuaded to
allow this application on being satisfied that the grounds cited for the delay
contain sufficient cause. Accordingly, the delay of 753 days in preferring the
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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: 2026.03.25 18:14:52 IST