Abdul Matlib vs The State Of Assam
2025 Latest Caselaw 9783 Gua

Gauhati High Court

Abdul Matlib vs The State Of Assam on 19 December, 2025

Author: M. Zothankhuma

Bench: Michael Zothankhuma

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GAHC010266582025




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

                                Case No. : I.A.(Crl.)/1370/2025

            ABDUL MATLIB
            SON OF LT. ABDUL RAHMAN,RESIDENT OF VILL CHANGMAJIMIKIR
            PATHAR, P.O. MODERTOLIP.S. DOBOKA,DISTRICT HOJAI, ASSAM.PIN-
            782440



            VERSUS

            THE STATE OF ASSAM
            REP BY THE PP, ASSAM



Advocate for the Petitioner   : MR. L R MAZUMDER, MR. H A TALUKDAR

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                 HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                           ORDER

19.12.2025 (M. Zothankhuma, J)

Heard Mr. L.R. Mazumder, learned counsel for the applicant, who submits that there is a delay of 2245 days in filing the appeal against the impugned judgment and order dated 05.08.2019, passed by the learned Addl. District & Page No.# 2/3

Sessions Judge, Hojai at Sankardev Nagar, in Sessions Case No.80(N)/2010, convicting the applicant in absentia under Section 302 of IPC.

2. The applicant's counsel submits that the applicant has however been arrested and produced before the Court on 13.01.2025, after 6 years. He submits that due to his poor financial condition, no appeal could be filed by the applicant earlier.

3. He also submits that out of the accused persons, only the applicant herein and one Mussador Ali @Moson Miya have been convicted under Section 302 of IPC. Further, the said Mussador Ali has filed Crl. A. 402/2019, which is pending before this Court. He accordingly submits that when the impugned judgment is also under challenge in Crl. A. 402/2019, the delay in filing the present appeal should be condoned.

4. Ms. B. Bhuyan, learned Addl. P.P. submits that in view of Crl. A. 402/2019, she does not have any objection to the application being allowed.

5. On considering the fact that Crl. A. 402/2019 which is still pending in this Court and the present appeal having challenged the same impugned judgment dated 05.08.2019, passed in Sessions Case No.80(N)/2010, we are of the view that sufficient cause for the delay has been made out.

6. Accordingly, the delay of 2245 days in filing the appeal is condoned.

7. Registry to list the appeal along with Crl. A. 402/2019 after the ensuing vacation.

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8. The I.A. is accordingly allowed and disposed of.

                      JUDGE                             JUDGE




Comparing Assistant