Page No.# 1/3 vs The State Of Assam And 2 Ors
2025 Latest Caselaw 6987 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 2 Ors on 3 September, 2025

                                                                           Page No.# 1/3

GAHC010229992024




                                                                    2025:GAU-
AS:11959-DB

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

                                Case No. : I.A.(Crl.)/1039/2024

            ALESHA KHATUN
            D/O- ASRAF ALI, R/O- VILL.- MAJORCHUBA, PS ORANG, DIST.- UDALGURI,
            BTR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE P.P., ASSAM

            2:MD. RAFIQUL ISLAM
             S/O- SAHAMAT ALI
             R/O- VILL.- MAJORCHUBA
             P.S. ORANG
             DIST.- UDALGURI
             BTR
            ASSAM

            3:MUKTADUL ISLAM
             S/O- ABU TALEB
             R/O- VILL.- MAJORCHUBA
             P.S. ORANG
             DIST.- UDALGURI
             BTR
            ASSA

Advocate for the Petitioner   : MR. S A AHMED, MR. F A AHMED,C S KAMTHONG,A.
KHANAM

Advocate for the Respondent : PP, ASSAM, MR S A REEYAZ(R-2,3),MR A HUSSAIN(R-2,3),J U
AHMED (R-2,3)
                                                                      Page No.# 2/3




                               BEFORE
             HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

                                    ORDER

03.09.2025 Heard Mr. S.A. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Addl. Public Prosecutor for the State respondent and Mr. J.U. Ahmed, learned counsel for respondent Nos. 2 and 3.

2. This is an application for condonation of delay of 132 days in preferring the present appeal by the alleged victim of the case.

3. It is stated that the Judgment and Order was passed on 22-03- 2024 and the informant who is the father of the victim has no knowledge about the aforesaid judgment and order wherein the accused persons were acquitted. After acquittal the accused persons came to the house of the applicant on 27.06.2024 and threatened to take revenge upon her. On the very next day i.e. 28.06.2024 the applicant went to the Court and came to learn about the judgment and order dated 22.03.2024 and on the same day she applied the certified copy of the judgment and order. She received the copy 01.07.2024 and collected some money and came to Guwahati on 25.09.2024 and engaged a counsel to file the Appeal and the engaged counsel prepared the appeal and filed on 04.10.2024. Due to no knowledge about the judgment and order dated 22.03.2024 as well as financial hardships and lack of awareness regarding limitation of the appeal the delay of 132 days was caused in filing the instant appeal.

Page No.# 3/3

4. Objection has been filed on behalf of the respondent Nos. 2 and 3, denying the contentions of the applicant.

5. Having regard to the grounds stated and the valuable right of the victim involved, the delay of 132 days in preferring the bail is condoned.

6. The Interlocutory Application accordingly stands allowed and disposed of.

JUDGE

Comparing Assistant