Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 8827 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 24 November, 2025

                                                                       Page No.# 1/3

GAHC010191812025




                                                                 2025:GAU-AS:15940

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

                                Case No. : I.A.(Crl.)/965/2025

            NAYAN TELENGA
            SON OF BIKUL TELENGA, VILLAGE BUBRIGHAT TEA ESTATE, P.S.
            PATHARKANDI, P.O. BUBRIGHAT, DISTRICT SRIBHUMI, ASSAM.



            VERSUS

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

            2:BINJI TELENGA
            WIFE OF LATE LAKHINDER TELENGA
            VILLAGE BUBRIGHAT TEA ESTATE
             P.S. PATHARKANDI
             P.O. BUBRIGHAT
             DISTRICT SRIBHUMI
            ASSAM
             PIN 78872

Advocate for the Petitioner   : MR. A GOGOI, FOR LEGAL AID

Advocate for the Respondent : PP, ASSAM,
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                               BEFORE
                 HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                    ORDER

24.11.2025

Heard Mr. A. Gogoi, learned counsel for the applicant. Also heard Mr. K.K. Parashar, learned Addl. Public Prosecutor for the State of Assam.

The present application has been filed under Section 5 of the Limitation Act for condoning the delay of 578 days in preferring the connected Criminal Appeal (J) filed against the Judgment & Order dated 21.11.2023 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 138/2015. By the said Judgment & Order, the applicant was convicted under Section 304 Part-II of the IPC and was sentenced to undergo RI for 7 years with fine and default stipulation.

The learned counsel for the applicant had narrated the reasons of delay in paragraph Nos. 3, 4 & 5 of the instant Interlocutory Application, in which it is stated that he was in jail and he was unaware of the processes of appeal from jail before the High Court. On gathering the knowledge, the applicant submitted an application on 20.06.2025 before the District Legal Services Authority, Sribhumi through the District Jail Authority, Sribhumi, who had forwarded the petition for Legal Aid of the applicant alongwith other documents to the Gauhati High Court Legal Services Committee, Guwahati and thereafter, the said Legal Services Committee engaged the present counsel as the Legal Aid Counsel for the applicant and requested for necessary legal assistance, who had gone through the judgment and on finding good grounds of appeal, had prepared the appeal alongwith the application for the delay caused in preparing the same. It Page No.# 3/3

was further stated that the said exercise caused the delay of 578 days.

This Court is satisfied with the reasons narrated in the said Interlocutory Application and deems it fit that the delay of 578 days be condoned for the ends of justice.

Registry is directed to register the Criminal Appeal (J) as well as the Interlocutory Application filed under Section 430(1) of the BNSS, 2023 and list it for admission.

The instant Interlocutory Application is disposed of.

JUDGE

Comparing Assistant