The court may condone a delay in filing an appeal if the appellant provides a sufficient cause, such as financial constraints preventing the timely engagement of legal counsel, particularly when the State does not object to the prayer.

Serial No. 01

Regular List

i) Whether approved for reporting in Yes/No Law journals etc.:

ii) Whether approved for publication in press: Yes/No

ORDER (ORAL)

1. Mr. R. Pahsyntiew, learned counsel for the applicant has submitted that this instant application has been filed with a prayer for condonation of delay of 231 days in filing the related appeal, the ground being that the applicant/appellant on being convicted by the court of the learned Special Judge (POCSO), West Garo Hills District, Tura, in Special POCSO Case No. 28 of 2020 could not approach this Court within the stipulated period due to financial constraint and finally after exhausting all means was able to engage a counsel which is done so now. It is prayed that this application may be allowed, delay of 231 days may be condoned.

2. Ms. Z.E. Nongkynrih, learned GA appears for the State respondent and has no objection to the prayer of the applicant.

3. We have considered the submission and on perusal of the pleadings made in this application, this Court is persuaded to allow the prayer made. The delay as stated is hereby condoned.

4. Accordingly, the delay of 231 days in preferring the related appeal is hereby condoned.

5. Registry to diarize the appeal and list the same for admission after 1(one) week.

6. Crl. Misc. Case is disposed of.