Md Chafikul Hussain vs The State Of Assam
2025 Latest Caselaw 9668 Gua

Gauhati High Court

Md Chafikul Hussain vs The State Of Assam on 17 December, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                   Page No. 1/2

GAHC010269802025




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

                                Case No. : I.A.(Crl.)/1335/2025

            MD CHAFIKUL HUSSAIN
            SON OF LATE MOHAMMAD HUSSAIN, RESIDENT OF VILLAGE- SHALMRA
            MOHKHUTI, HALMIRA MOHKHUTI GAON, GOLAGHAT, POLICE STATION-
            GOLAGHAT, DISTRICT-GOLAGHAT, ASSAM.

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR

Advocate for the Petitioner   : MS. B SARMA,

Advocate for the Respondent : PP, ASSAM,


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 17.12.2025

Heard Ms. B. Sarma, learned counsel for the applicant-appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam.

2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 11 [eleven] days, which period of delay had occurred in filing of the accompanying criminal appeal, Criminal Appeal no. 11427/2025 [Filing Number] under Section 415, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 against a Judgment and Order dated 22.09.2025 passed by the Court of Sessions Judge, Golaghat ['the Trial Court', for

short] in Sessions Case no. 05/2024.

3. The Trial Court has convicted the applicant for the offences under Sections 341 and 324, Indian Penal Code [IPC]. For the offence under Section 341, IPC, the applicant has been sentenced to undergo rigorous imprisonment for 6 [six] months and to pay a fine of Rs. 2,000/-, with default stipulation. For the offence under Section 324, IPC, the applicant has been sentenced to undergo simple imprisonment for one month. Both the sentences are ordered to run concurrently.

4. I have gone through the statements and averments made in the instant application explaining the delay of 11 [eleven] days, more particularly, Paragraph 4 thereof.

5. Having gone through the reasons for delay, this Court is of the view that the applicant has been able to show sufficient cause for the period of delay of 11 [eleven] days. Accordingly, the instant interlocutory application is allowed.

6. The Registry to register the accompanying criminal appeal, Criminal Appeal no. 11427/2025 [Filing Number] and thereafter, list the case in the admission column on 07.01.2026.

JUDGE

Comparing Assistant