Gauhati High Court
Ajoy Mura vs The State Of Assam And Anr on 28 May, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010092222025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/535/2025
AJOY MURA
S/O. SRI AKOLA MURA, R/O. BISONIMUKH MAJGAON, P/S.
SAIKHOWGHAT, DIST. TINSUKIA, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP ASSAM
2:SAPNA MURAH
W/O. SRI SUREN MURAH
R/O. BISONIMUKH
DIST. TINSUKIA
ASSAM
Advocate for the Petitioner : MR. K P PATHAK, FOR LEGAL AID
Advocate for the Respondent : PP, ASSAM,
Linked Case : ST.Rev./0/0
SRI AJOY MURA
ASSAM
VERSUS
THE STATE OF ASSAM
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REP BY PP ASSAM
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Advocate for : MR. BHARGAV DAS
Advocate for : appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : 28.05.2025
[M. Choudhury, J]
Heard Mr. B. Das, learned counsel for the applicant-appellant and Ms. A. Begum,
learned Additional Public Prosecutor for the opposite party-respondent no. 1 for the State of
Assam.
2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is
preferred seeking condonation of delay of thirty-seven days in preferring the connected
criminal appeal. The connected criminal appeal has been preferred under Section 415[2],
Bharatiya Nagarik Suraksha Sanhita, 2023 against a Judgment and Order dated 22.01.2025
passed by the Court of learned Additional Sessions Judge - cum- Special Judge [POCSO],
Tinsukia ['the trial court', for short] in POCSO Case no. 70/2022. By the Judgment and Order
dated 22.01.2025, the learned trial court finding the applicant-appellant guilty for the offence
under Section 376 [2] [f] of the Indian Penal Code [IPC], has sentenced him to undergo
imprisonment for life and to pay a fine of Rs.10,000/-.
3. We have gone through the statements and averments made in the instant
interlocutory application.
4. Ms. A. Begum, learned Additional Public Prosecutor has fairly submitted that since the
applicant-appellant has been sentenced to undergo rigorous imprisonment for life, the
interest of justice would be better sub-served if the connected appeal is heard on merits after
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effecting service of notice on the opposite party-respondent no. 2.
5. On 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 of thirty-seven days showing sufficient cause.
6. We are also of the considered view that since the applicant-appellant has been
convicted under Section 376 [2] [f],IPC and sentenced to undergo rigorous imprisonment for
life, interest of justice will be better sub-served if the connected appeal is heard on merits
expeditiously after condoning the period of delay of thirty-seven days. The issuance of notice
to the opposite party-respondent no. 2 is dispensed with at this stage as at the stage of
hearing the connected criminal appeal, service of notice upon the opposite party-respondent
no. 2 is to be ensured and the opposite party-respondent no. 2 would be heard, if the
opposite party-respondent no. 2 enters appearance after service of notice.
7. For the afore-said reasons, the instant application is allowed condoning the delay of
thirty-seven days in preferring the connected appeal.
8. The Registry to register the connected appeal and thereafter, list the same in the
admission column.
JUDGE JUDGE
Comparing Assistant
