Chandra Bahadur Gurung vs State Of Sikkim

Bhaskar Raj Pradhan, J

I.A. No.01 of 2025

This is an application seeking condonation of delay in filing the criminal appeal against the impugned judgment dated 02.08.2024 and the order on sentence dated 03.08.2024.

The application states that after the conviction of the applicant he has been serving his sentence in Central Prison at Rongyek; that he does not have any one except his aged mother who is around 80 years old who could not travel to Gangtok to meet him and take appropriate decision in the matter; that the applicant was so scared of the punishment meted out to him that he could not take his decision. The applicant states that he desired to file the appeal on being advised by the officials of the Sikkim State Legal Services Authority (SSLSA) about his legal right during their jail visit in the month of May, 2025. Pursuant to the advice received, the applicant vide letter dated 20.05.2025 requested Member Secretary, SSLSA to appoint a panel Advocate which was done vide letter dated 26.05.2025. The relevant documents pertaining to S.T. Case No.11 of 2022 was handed over to the learned counsel for the applicant on 02.06.2025 who visited the applicant at the Central Prison at Rongyek on 05.06.2025 and thereafter he took 14 days to prepare and finalize the instant appeal.

The applicant seeks condonation of 255 days delay in preferring the present appeal. The application is supported by the affidavit of the applicant and the communication dated 20.05.2025 written by him to the Member Secretary, SSLSA and the response received on 26.05.2025 from the SSLSA.

The State-respondent has filed a response to this application and in their response they seek proof to the assertion made by the applicant that the applicant’s mother is 80 years old and that she could not travel to Gangtok to meet her son.

Heard the learned counsel for the applicant as well as the learned Additional Public Prosecutor for the State respondent.

After hearing the learned counsel for the parties, this Court is of the firm opinion that the delay in preferring the appeal is sufficiently explained by the applicant. Consequently, the application is allowed and the delay is condoned. I.A. No.01 of 2025 stands disposed.

Crl. A. No.03 of 2026

Heard on admission. Admit the appeal. Call for the Trial Court records. On receipt of the Trial Court records, the Registry shall prepare the paper-books.

List thereafter, on 15.04.2026.