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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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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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
