Jalal Uddin vs The State Of Assam
2025 Latest Caselaw 415 Gua

Gauhati High Court

Jalal Uddin vs The State Of Assam on 9 May, 2025

Author: S. K. Medhi

Bench: Sanjay Kumar Medhi

                                                                           Page No.# 1/2

GAHC010278912024




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

                              Case No. : I.A.(Crl.)/91/2025
                                     In Crl. A./12019/2024

            JALAL UDDIN
            S/O LATE ABDUL NOOR,
            RESIDENT OF VILLAGE BAGORSANGAN, PS PATHARKANDI, DIST
            SRIBHUMI, ASSAM


            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP ASSAM


Advocate for the Petitioner : MR NAZRUL ISLAM, MR NAZRUL ISLAM
Advocate for the Respondent : PP, ASSAM,


                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                       ORDER

09-05-2025 (S. K. Medhi, J)

Heard Dr. P. Agarwal, learned counsel for the applicant as well as Ms. S. Jahan, learned APP, Assam.

The instant application has been filed under Section 5 of the Limitation Act 1963 for condonation of delay of 321 days in preferring the connected appeal.

The appeal has been preferred against a judgment and order dated 28.11.2023 Page No.# 2/2

passed by the learned Sessions Judge, Karimganj and convicted the appellant u/s 147/302/149 IPC and sentence the appellant for life and fine of Rs.5,000/- and in default simple imprisonment of 2 months and u/s 147 a simple imprisonment of 1 year.

Dr. Agarwal, the learned counsel by drawing the attention of this Court to the averments made in paragraphs 6 & 7 has submitted that the delay has occasioned because of factors which were not within the control of the applicant.

She has also cited that the earlier counsel, who was engaged was seriously ill, as a result of which the appeal could not be preferred in time. She accordingly submits that the delay may be condoned and the appeal be admitted.

Ms. Jahan, the learned APP has submitted that the delay is of 321 days which is a long delay. She however fairly submits that since the appeal is preferred against a judgment of conviction and sentence she would not have serious objections in the prayer for condonation of delay and would rather oppose the appeal upon its admission.

It is a settled position of law that while adjudicating a delay condonation application a pragmatic and justice oriented approach is to be taken. We have also perused the reasons cited in the application which concerns the ailment of the earlier counsel who was entrusted with the matter.

Considering the above, we are of the view that a case for condonation of delay has been made out which we accordingly do.

The IA stands allowed.

The appeal along with the IA may accordingly be registered and listed for admission after a week.

                                      JUDGE                          JUDGE

Comparing Assistant