30.04.2026 vs State Of Meghalaya Represented By Its on 30 April, 2026

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    Meghalaya High Court

    Date Of Decision: 30.04.2026 vs State Of Meghalaya Represented By Its on 30 April, 2026

    Author: W. Diengdoh

    Bench: W. Diengdoh

                                                                          2026:MLHC:416
    
    
    
         Serial No. 03
         Supplementary List
    
                          HIGH COURT OF MEGHALAYA
                              AT SHILLONG
    Crl.M.C. No. 78 of 2026
                                                             Date of Decision: 30.04.2026
    Shri. Sambhu Ray
    Son of Late Hardev Ray
    Resident of Raghapur,
    District Purvi Vaishali
    Bihar.
                                                           ........ Petitioner
                                          - Vs-
    
    State of Meghalaya represented by its
    Secretary Home (Police) Department
    Meghalaya.
                                                         ......... Opposite Party
    Coram:
                   Hon'ble Mr. Justice W. Diengdoh, Judge
    
    Appearance:
    For the Petitioner/Appellant(s)   :           Mr. M.F. Qureshi, Legal Aid Counsel.
    
    For the Respondent(s)             :           Mrs. N.G. Shylla, Sr. GA 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
    
                          JUDGMENT AND ORDER (ORAL)

    1. Heard Mr. M.F. Qureshi, learned Legal Aid Counsel for the

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    2026:MLHC:416

    SPONSORED

    applicant, who has submitted that the applicant has filed an appeal before this

    Court, being aggrieved and dissatisfied by the impugned judgment and related

    order of sentence dated 16.07.2025 passed by the Court of the learned Special

    Judge (POCSO), East Jaintia Hills District, Khliehriat in POCSO Case No. 16

    of 2023, whereby, he was convicted and directed to undergo rigorous

    imprisonment for a period of 7(seven) years with fine of ₹ 30,000/- (Rupees

    thirty thousand) only for an offence punishable under Section 77 of the Juvenile

    Justice (Care and Protection of Children) Act, 2015, and in default of payment

    of fine, to undergo further simple imprisonment of 2(two) months.

    2. However, while preferring an appeal, a delay of 226 days has

    occurred, due to circumstances which is beyond the control of the applicant,

    since he is from Bihar and his family members did not come forward to assist

    him to file an appeal or to engage a private counsel. 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 a Legal Aid

    Counsel. It is therefore prayed that the delay be condoned and the appeal be

    admitted.

    3. Mrs. N.G. Shylla, learned Sr. GA assisted by Mr. E.R. Chyne,

    learned GA appearing for the State respondent has no objection to the prayer for

    condonation of the delay.

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    2026:MLHC:416

    4. On consideration of the submission made, this Court is inclined to

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

    contain sufficient cause. Accordingly, the delay of 226 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.

    Judge

    Signature Not Verified 3
    Digitally signed by
    DARIKORDOR NARY
    Date: 2026.04.30 16:34:55 IST



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