The State Of Assam vs Md. Samser Ali And Ors
2025 Latest Caselaw 5379 Gua

Gauhati High Court

The State Of Assam vs Md. Samser Ali And Ors on 16 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010117352016




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

                            Case No. : Crl.M.C./823/2012


         THE STATE OF ASSAM


          VERSUS

         MD. SAMSER ALI and ORS

         S/O LATE SILAM ALI

         2:MIR HUSSAIN
         S/O SAMSER ALI

          3:SAMNUR ALI

         S/O SAMSER ALI

         4:MD. RAFIQUL HUSSAIN
         S/O MD. KASHIM ALI

          5:JELEKHA BIBI

         W/O MD. SAMSER ALI

          6:JARINA BIBI

         D/O MD. SAMSER ALI
         ------------
         Advocate for : PP
         ASSAM
         Advocate for : appearing for MD. SAMSER ALI and ORS
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 16.06.2025 [M. Choudhury, J]

Heard Ms. A. Begum, learned Additional Public Prosecutor for the respondent State and Mr. J.I. Borbhuiya, learned counsel for the respondent nos. 1-6.

2. The instant application under Section 5 of the Limitation Act, 1963 is preferred for seeking condonation of delay of 86 days in preferring the accompanying criminal appeal under Section 378[3] of the Code of Criminal Procedure, 1973 [CrPC].

3. We have gone through the statements and averments made in this instant application, more particularly, paragraph 4, 5, 6 & 7 thereof.

4. Along with the instant application for condonation of delay, the State had filed an petition seeking leave to appeal under Section 378[3], CrPC to prefer an appeal against the Judgment and Order of acquittal dated 14.03.2012 passed by the learned Sessions Judge, Nalbari in Sessions Case no. 18/2007. By the Judgment and Order dated 14.03.2012, the accused persons, respondent nos. 1

- 6 herein, were acquitted form the charges under Sections 364, IPC and Section 302, IPC read with Section 34, IPC. This Court granted leave to the State to appeal against the Judgment and Order dated 14.03.2012. The Registry was directed to register the criminal appeal and thereafter, to list the same expeditiously.

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5. In the accompanying criminal appeal, which has been registered as Criminal Appeal no. 184/2017, after issuance of notice, the respondent nos. 1 - 6 entered appearance in the year 2021.

6. Having regard to the statements made in paragraph 4 - 7 of the instant application, we are of the considered view that the State has been able to explain the period of delay of 86 days by showing sufficient cause.

7. Though the learned counsel for the respondent nos. 1 - 6 has raised oral objection as regards the explanation provided for condoning the delay, it is noticed that no written objection has been filed by the respondents to the instant application till date despite their appearance in the accompanying criminal appeal, Criminal Appeal no. 184/2017 as far back as in the year 2021. For consideration of any issue of delay, it is the interest of justice which prevails over technical considerations. We are of the view that interest of justice will be better sub-served if the accompanying criminal appeal is heard on merits by condoning the delay of 86 days. Accordingly, the instant interlocutory application stands allowed.

8. As the accompanying criminal appeal has already been registered and the Paper-Book is made ready, no further order is called for.

                                      JUDGE                     JUDGE




Comparing Assistant