West Jaintia Hills District vs Civil Secretariat on 13 July, 2026

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    Meghalaya High Court

    West Jaintia Hills District vs Civil Secretariat on 13 July, 2026

    Author: W. Diengdoh

    Bench: W. Diengdoh

                                                                 2026:MLHC:707-DB
    
    
    
         Serial No. 05
         Regular List
    
    
    
                              HIGH COURT OF MEGHALAYA
                                  AT SHILLONG
    
    
    Crl.M.C. No. 129 of 2026
                                                        Date of Decision: 13.07.2026
    Shri. Gentlyness Paslein
    Son of Smti. Phsan Paslein
    (Convict presently serving sentence in
    Correctional Home & Prisons, Jowai)
    Resident of Nongryngkoh,
    West Jaintia Hills District, Meghalaya.
                                                          ......... Applicant
                                      -Vs-
    
    State of Meghalaya through the
    Commissioner & Secretary to the
    Government of Meghalaya,
    Department of Home (Police),
    Civil Secretariat, Shillong)
                                                          ......... Respondent
    Coram:
                     Hon'ble Mr. Justice W. Diengdoh, Judge
                     Hon'ble Mr. Justice B. Bhattacharjee, Judge
    
    Appearance:
    For the Petitioner/Applicant(s)   :      Ms. N.M. Kharshemlang, LAC.
    
    For the Respondent(s)             :      Mrs. N.G. Shylla, Sr. GA with
                                             Ms. Z.E. Nongkynrih, GA.
    
    i)       Whether approved for reporting in                  Yes/No
             Law journals etc.:
    
    
                                              1
                                                                2026:MLHC:707-DB
    
    
    
    
    ii)   Whether approved for publication
          in press:                                           Yes/No
    
    Per W. Diengdoh, (J):
    
                        JUDGMENT AND ORDER (ORAL)

    1. Heard Ms. N.M. Kharshemlang, learned Legal Aid Counsel for the

    applicant, who has submitted that the applicant has preferred an appeal before

    SPONSORED

    this Court against the impugned judgment dated 13.10.2025 and related order of

    sentence dated 16.10.2025 passed by the Court of the learned Special Judge

    (POCSO), West Jaintia Hills District, Jowai in Special (POCSO) Case No. 6 of

    2016, whereby, he was convicted and sentenced to undergo imprisonment for a

    period of 12(twelve) years with fine of ₹ 10,000/- (Rupees ten thousand) only,

    and in default thereof, to undergo another 6(six) months imprisonment for an

    offence punishable under Section 4 of the POCSO Act.

    2. However, while preferring an appeal, a delay of 205 days has

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

    lacking financial support and has 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. Mrs. N.G. Shylla, learned Sr. GA assisted by Ms. Z.E. Nongkynrih,

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    2026:MLHC:707-DB

    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 205 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 19:39:11 IST
    



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