Sekul Islam Barbhuyan vs The State Of Assam And Anr
2025 Latest Caselaw 1146 Gua

Gauhati High Court

Sekul Islam Barbhuyan vs The State Of Assam And Anr on 19 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                        Page No.# 1/3

GAHC010144692025




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

                                Case No. : I.A.(Crl.)/738/2025

            SEKUL ISLAM BARBHUYAN
            S/O LT. TAZMUL ALI BARBHUYAN, R/O BEHERA PART III, P.S. KALAIN,
            DIST. CACHAR, PIN 788815, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP, ASSAM.

            2:MD. NIZAM UDDIN

             S/O LT. MONIR UDDIN
             R/O BEHERA PART III
             P.S. KALAIN
             DIST. CACHAR
             PIN 788815
             ASSAM

Advocate for the Petitioner   : MS N HASSAN,

Advocate for the Respondent : PP, ASSAM,




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

                                           ORDER

Date : 19.07.2025 [M. Choudhury, J] Page No.# 2/3

Heard Ms. N. Hassan, learned counsel for the applicant-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 85 days, which has occurred in filing the accompanying criminal appeal. The applicant as the appellant has preferred the accompanying criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023 to assail a Judgment dated 22.01.2025 and an Order on Sentence dated 30.01.2025 passed by the Court of learned Sessions Judge, Cachar at Silchar ['the Sessions Court', for short] in Sessions Case no. 76/2023. 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 imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for another 3 [three] months.

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

4. Having gone through the said statements and averments made in this application, we are of the considered view that the applicant-appellant has been able to explain the circumstances which caused the delay of 85 days in preferring the accompanying criminal appeal. Moreover, we are also of the considered view that since the applicant-appellant has been sentenced to undergo imprisonment for life, the interest of justice would be better sub- served if the accompanying criminal appeal is heard on merits after condoning the period of delay.

5. Ms. Bhuyan, learned Additional Public Prosecutor has fairly submitted that the State has no objection if the accompanying criminal appeal is to be heard on merits after condoning the delay.

6. For the afore-state reasons, the instant interlocutory application seeking condonation of delay of 85 days in preferring the accompanying criminal appeal stands allowed.

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7. The Registry to register the accompanying criminal appeal and, thereafter, to list the same for admission.

                                                    JUDGE                 JUDGE



Comparing Assistant