Page No. 1/3 vs The State Of Assam
2025 Latest Caselaw 536 Gua

Gauhati High Court

Page No. 1/3 vs The State Of Assam on 14 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                         Page No. 1/3

GAHC010081482025




                                                                 undefined

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

                                Case No. : I.A.(Crl.)/462/2025

            NIREN BARMAN
            SON OF LATE GAITARU BARMAN @ PAITARU, RESIDENT OF VILLAGE-
            NO.3, SANTIPUR BAZAR BASTI UNDER DHEMAJI POLICE STATION IN THE
            DISTRICT OF DHEMAJI, ASSAM

            2: DEBA BARMAN
             BOTH SONS OF SRI NIREN BARMAN RESIDENT OF VILLAGE NO.4
            BISHNUPUR UNDER DHEMAJI POLICE STATION IN THE DISTRICT OF
            DHEMAJI
            ASSAM

            3: AJIT BARMAN
             BOTH SONS OF SRI NIREN BARMAN RESIDENT OF VILLAGE NO.4
            BISHNUPUR UNDER DHEMAJI POLICE STATION IN THE DISTRICT OF
            DHEMAJI
            ASSAM

            VERSUS

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

Advocate for the Petitioner   : MR. U CHOUDHURY,

Advocate for the Respondent : PP, ASSAM,
                                                                                     Page No. 2/3

                                      BEFORE
                     HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                      HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                           ORDER

Date : 14.05.2025 [Manish Choudhury, J.]

Heard Mr. A. Atreya, learned counsel for the applicants-appellants and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor, Assam for the opposite party- respondent no. 1, State of Assam.

2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 57 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 13.12.2024 passed by the Court of learned Sessions Judge, Dhemaji ['the trial court', for short] in Sessions Case no. 106/2023. By the Judgment and Order dated 13.12.2024, the learned trial court has convicted all the applicants-appellants for the offences under Sections 147/148/449/302/149, Indian Penal Code [IPC]. For the offence under Section 302, IPC read with Section 149, IPC, the applicants-appellants have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- each, in default of pay of fine to suffer rigorous imprisonment for 2 [two] years.

3. We have gone through the statements and averments made in the instant interlocutory application, more particularly, Paragraph 4 & 5 thereof. Having gone through the explanation provided therein, we are of the view that the applicants-appellants have made out a case showing sufficient cause for condonation of delay of 57 days in preferring the connected criminal appeal.

4. Ms. Jahan, learned Additional Public Prosecutor has fairly submitted that the connected criminal appeal is required to be heard on merit.

5. In the above view of the matter, the instant interlocutory application is allowed by condoning the day of 57 days in preferring the connected criminal appeal. The Registry to register the connected criminal appeal and thereafter, list the same for admission.

                                                         JUDGE                          JUDGE




Comparing Assistant