Page No.# 1/4 vs The State Of Assam
2022 Latest Caselaw 4593 Gua

                                                                  Page No.# 1/4

GAHC010220262021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Crl.)/584/2021

         AMJAD HUSSAIN @ ANJAD AND 5 ORS
         S/O. ABDUL MALIK, VILL. UTTAR SAMARALI, P.O. SAMARALI BAZAR, P.S.
         MURAJHAR, DIST. HOJAI, ASSAM, PIN-782439.

         2: MOBIN KHAN @ MOMIN

          S/O. ABU BAKKAR
          VILL. UTTAR SAMARALI
          P.O. SAMARALI BAZAR
          P.S. MURAJHAR
          DIST. HOJAI
          ASSAM
          PIN-782439.

         3: NAJRUL ISLAM @ NAZRUL
          S/O. MONAI MIYA
         VILL. UTTAR SAMARALI
          P.O. SAMARALI BAZAR
          P.S. MURAJHAR
          DIST. HOJAI
         ASSAM
          PIN-782439.

         4: GULAP HUSSAIN
          S/O. LT. ABDUL MALIK
         VILL. UTTAR SAMARALI
          P.O. SAMARALI BAZAR
          P.S. MURAJHAR
          DIST. HOJAI
         ASSAM
          PIN-782439.

         5: SABUL ALAM @ SHABUL UDDIN
          S/O. ABDUL JALIL
                                                    Page No.# 2/4

             VILL. UTTAR SAMARALI
             P.O. SAMARALI BAZAR
             P.S. MURAJHAR
             DIST. HOJAI
             ASSAM
             PIN-782439.

            6: IMDAD HUSSAIN KHAN
             S/O. JOYNUL ABEDIN
            VILL. UTTAR SAMARALI
             P.O. SAMARALI BAZAR
             P.S. MURAJHAR
             DIST. HOJAI
            ASSAM
             PIN-782439

            VERSUS

            THE STATE OF ASSAM
            REP. BY PP, ASSAM.

            2:MD. SAFIR UDDIN LASKAR
             S/O. LT. TAJAMUL ALI
             R/O. SAMARALI
             P.O. SAMARALI BAZAR
             P.S. MURAJHAR
             DIST. HOJAI
            ASSAM
             PIN-782439.

            3:AHMOD ALI @ AHMED ALI

             S/O. HAJI SAMED ALI
             R/O. SAMARALI BAZAR GAON
             P.O. SAMARALI BAZAR
             P.S. MURAJHAR
             DIST. HOJAI
             ASSAM
             PIN-782439

Advocate for the Petitioner   : MR F K R AHMED

Advocate for the Respondent : PP, ASSAM




                                          BEFORE
                                                                                   Page No.# 3/4

               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

Date : 21-11-2022

Heard Mr. F.K.R. Ahmed, learned counsel for the petitioners. The petitioners namely, (1) Amjad Hussain @ Anjad (2) Mobin Khan @ Momin (3) Najrul Islam @ Nazrul (4) Gulap Hussain (5) Sabul Alam @ Shabul Uddin and (6) Imdad Hussain Khan have filed this petition under Section 5 of the Limitation Act for condonation of delay of 207 days.

The respondent no. 1 is represented by the Addl. P.P. Mr. K.K. Das.

The respondent Nos. 2 and 3 have not appeared despite issuance of notices. They have not affixed their signatures on the notices, and the notices have been returned with the signatures of the witnesses Abdul Hanam and Ikbal Hussain Talukdar. It is submitted on behalf of the petitioners that they are farmers and they live in remote areas. They work as daily wage labourers. They have failed to initiate any proceeding challenging the order of the lower Appellate Court within the statutory period due to the financial condition and lack of knowledge regarding legal remedy available under law. On learning about the issuance of Non-Bailable Warrant against them by the learned Trial Court in connection with G.R. Case No. 617/2014 under Sections 147/149/448/294/325/506/353 IPC, they are before this Court for relief. Their learned counsel had earlier advised them to consult a Lawyer of this Court and accordingly after a discussion with the Lawyer they returned back to their home town and applied for certified copies and documents including judgment & order of the Trial Court dated 06.12.2019. In the meantime the world was under the grip of the COVID-19 pandemic and this caused a further delay. Finally they have appeared before this Court on 16.12.2021. They have relied on the decision of the Hon'ble Supreme Court in Re-cognizance For Extension of Limitation v. XXXX Respondents in connection with I.A. Appeal No. 55865/2021 ..... wherein it has been observed that :-

"We dispose of the M.A. No. 665 of 2021 with the following directions:-

I. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, Page No.# 4/4

the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021.

II. In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply......"

The learned Addl. P.P. has raised no objection considering the plight of the petitioners.

The judgment & order impugned by the petitioners was passed on 22 nd May, 2019 and

thereafter the petitioners could not prepare the appeal within 90 days commencing from 22 nd May, 2019 due to the reasons discussed above.

I have considered the plight of the petitioners and the reasons mentioned by them. For the interest of justice I deem it proper to condone the delay of 207 days.

The petition is allowed.

The interlocutory application is hereby disposed of.

Register the criminal revision petition.

JUDGE

Comparing Assistant