Meghalaya High Court
Meghalaya vs Meghalaya (Informant) on 13 July, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
2026:MLHC:704-DB
Serial No. 01
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Crl.M.C. No. 123 of 2026
Date of Decision: 13.07.2026
Shri. Kolibor L. Mawnai,
S/o (L) Bidro Wahlang,
Aged about 54 years,
R/o Wahra Village, Mairang,
West Khasi Hills District,
Meghalaya.
......... Appellant/Convict
-Vs-
1. The State of Meghalaya represented by
The Secretary & Commissioner,
Department of Prisons and Correctional Services,
Government of Meghalaya.
2. Shri. Robert Lyngdoh Mawdoh,
S/o (L) Khriam Ryntathiang,
R/o Wahra Village, Mairang,
West Khasi Hills District,
Meghalaya (Informant).
......... Respondents
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Hon'ble Mr. Justice B. Bhattacharjee, Judge
Appearance:
For the Petitioner/Applicant(s) : Mr. S.P. Mahanta, LAC with
Mr. K. Deb, Adv.
For the Respondent(s) : Mr. R. Gurung
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2026:MLHC:704-DB
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
Per W. Diengdoh, (J):
JUDGMENT AND ORDER (ORAL)
1. Heard Mr. S.P. Mahanta, learned Sr. counsel/Legal Aid Counsel for
the appellant/convict, who has submitted that the appellant/convict has preferred
an appeal before this Court against the impugned judgment dated 13.01.2026
and related order of sentence dated 04.02.2026 passed by the Court of the
learned Sessions Judge, West Khasi Hills District, Nongstoin in Sessions Case
No. 4 of 2021, whereby, he was convicted and sentenced to undergo rigorous
imprisonment for life with fine of ₹ 3000/- (Rupees three thousand) only, and in
default thereof, to undergo simple imprisonment of 4(four) for an offence
punishable under Section 302 IPC.
2. However, while preferring an appeal, a delay of 111 days has
occurred, due to circumstances which is beyond the control of the
appellant/convict, since he belongs to a disadvantaged background, is not aware
of his legal rights to file 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
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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 111 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.
(B. Bhattacharjee) (W. Diengdoh)
Judge Judge
Signature Not Verified 3
Digitally signed by
DARIKORDOR NARY
Date: 2026.07.13 19:35:38 IST
