STATE OF ASSAM Vs. MARIAM NESSA

JUDGEMENT

(1.) Heard Mr. B.M. Sarma, learned Govt. counsel appearing for the State of Assam. Also heard Mr. B.K. Goswami, learned Sr. counsel assisted by Ms. T. Goswami, learned counsel appearing for the respondents.

(2.) This is an application for condonation of delay of 119 days in preferring the Second Appeal No. 87/97 by the State of Assam. Filing this application on 13.5.97 the State - Petitioner has narrated the explanation of such delay in paragraphs 6 and 8 of the petition which runs as follows :-

(3.) When the matter came nip for consideration earlier, this court, not being satisfied with the said application for condonation on 18.6.2001 directed Mr. Sarma, learned Govt. counsel to file an appropriate application in this regard granting two weeks time. In compliance of the said order the State petitioner has filled an additional affidavit explaining the delay of 119 days as mentioned above on 6.8.2001,. In the said affidavit the petitioner has made statements in paragraphs 2 to 6 explaining for condonation of delay. The respondents has filed objection against the earlier application as well as the additional affidavit countering the statements made therein not to be sufficient cause of condoning such delay. I have perused the pleadings filed on behalf of the parties more particularly averments made in paragraph 2 & 3 of the additional affidavit filed on behalf of the State-Petitioner claiming those to be the sufficient cause explaining the delay. For better appreciation to decide the issue it will be appropriate to quote the said paragraphs 2 and 3 which reads as follows :