Sri Jalah Soren vs The State Of Assam
2025 Latest Caselaw 1141 Gua

Gauhati High Court

Sri Jalah Soren vs The State Of Assam on 19 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                   Page No. 1/3

GAHC010142272025




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

                                Case No. : I.A.(Crl.)/733/2025

            SRI JALAH SOREN
            S/O LATE SOHAN SOREN, R/O VILL. SAPKATA, P.S. TAMULPUR, DIST.
            BAKSA, ASSAM.

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP ASSAM

Advocate for the Petitioner   : MS. B SARMA,

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                 HONOURABLE MR. JUSTICE MANISH CHOUDHURY
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

                                           ORDER

Date : 19.07.2025 [Manish Choudhury, J.]

Heard Ms. B. Sarma, learned Legal Aid Counsel for the applicant-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the opposite party-respondent no. 1, State of Assam.

2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 258 days, which have occurred in preferring the

accompanying criminal appeal. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal [Jail] no. 6039/2025 [Filing Number] under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 to assail a Judgment dated 08.08.2024 and an Order on sentence dated 14.08.2024 passed by the Court of learned Sessions Judge, Baksa, Mushalpur in Sessions Case no. 199/2018. By the Judgment and the Order on sentence, the applicant-appellant has been convicted for the offence under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for another two months.

3. We have gone through the statements and averments made, more particularly, in Paragraph 4 of the instant application.

4. Having gone through the statements and averments made in this application, we are of the considered view that the applicant-appellant has been able to explain the period of delay showing sufficient cause for condonation of delay of 258 days in preferring the accompanying criminal appeal.

5. We are also of the considered view that since the applicant-appellant has been sentenced to undergo rigorous imprisonment for life, interest of justice will be better sub- served if the connected appeal is heard on merits after condoning the period of delay.

6. Ms. Bhuyan, learned Additional Public Prosecutor appearing for the State has fairly submitted that since the applicant-appellant has been sentenced to undergo rigorous imprisonment for life, the State has no serious objection if the accompanying criminal appeal is heard on merits by condoning the delay.

7. For the afore-stated reasons, the instant application is allowed condoning the delay 258 days in preferring the connected appeal.

8. The Registry to register the accompanying appeal and thereafter, to list the same in

the admission column.

JUDGE JUDGE

Comparing Assistant