Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 5308 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 13 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                  Page No.# 1/3

GAHC010120912025




                                                                   2025:GAU-AS:7785-DB

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

                                Case No. : I.A.(Crl.)/608/2025

            NAZRUL HOQUE
            S/O. LATE AKLESH ALI. R/O. TOPARPATHAR, PS CHHAYGAON, DIST
            KAMRUP, ASSAM

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM.

Advocate for the Petitioner : MR. U CHOUDHURY, FOR LEGAL AID
Advocate for the Respondent : PP, ASSAM,

                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                   ORDER

13.06.2025 [Manish Choudhury, J]

Heard Mr. U. Choudhury, learned Legal Aid Counsel for the applicant-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party 1-respondent State.

2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 14 days, which have occurred in preferring the accompanying criminal appeal. The accompanying criminal appeal is preferred against a Judgment and Order dated 05.02.2025 passed by the Court of learned Sessions Judge, Kamrup, Amingaon in Sessions Case no. 19/2021. By the Judgment and Order dated 05.02.2025, the applicant- appellant has been convicted for the offence under Section 302, Indian Penal Code [IPC] and Page No.# 2/3

has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- with default stipulation.

3. We have gone through the statements and averments made in the instant application, more particularly, paragraph 5 thereof.

4. Ms. Bora, learned Additional Public Prosecutor appearing for the State has fairly submitted that since the applicant-appellant has been sentenced to undergo rigorous imprisonment life, the interest of justice would be better sub-served if the accompanying criminal appeal is heard on merits by condoning the delay in preferring the accompanying appeal.

5. 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 make out a prima facie case showing sufficient cause for condonation of delay of 14 days in preferring the accompanying criminal appeal.

6. 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.

7. The instant application is allowed condoning the delay 14 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
                       Page No.# 3/3

Comparing Assistant