Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 7022 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 4 September, 2025

                                                                            Page No.# 1/3

GAHC010191662025




                                                                      2025:GAU-AS:11997

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

                                    Case No. : I.A.(Crl.)/980/2025

            DEEPAK NAYAK
            S/O. SRI BIKRAM NAYAK, R/O. VILL.- HATIGARH TE 1 NO. LINE, P/S.
            HARISINGA, DIST. UDALGURI BTR, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP BY THE PP ASSAM

            2:REKHA NAYAK
            W/O. SRI SANKAR NAYAK
             R/O. VILL.- HATIGARH TE 1 NO. LINE
             P/S. HARISINGA
             DIST. UDALGURI BTR
            ASSAM

Advocate for the Petitioner   : MR. B HALDAR, FOR LEGAL AID

Advocate for the Respondent : PP, ASSAM,

             Linked Case : EC/0/0

            DEEPAK NAYAK
            UDALGURI

             VERSUS

            THE STATE OF ASSAM AND ANR
            REP BY THE PP ASSAM
            ------------
            Advocate for : MR. BITU HALDAR
            Advocate for : appearing for THE STATE OF ASSAM AND ANR
                                                                       Page No.# 2/3


            Linked Case : ST.Rev./0/0

           DEEPAK NAYAK
           UDALGURI

            VERSUS

           THE STATE OF ASSAM AND ANR
           REP BY THE PP ASSAM
           ------------
           Advocate for : MR. BITU HALDAR
           Advocate for : appearing for THE STATE OF ASSAM AND ANR

                                     BEFORE
                      HON'BLE MRS. JUSTICE MITALI THAKURIA


                                        ORDER

Date : 04.09.2025.

Heard Mr. B. Haldar, learned Legal Aid Counsel appearing for the applicant. Also heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam appearing for the State respondent.

This is an application under Section 5 of the Limitation Act for condoning the delay of 31 days in preferring the connected appeal.

It is submitted by Mr. Haldar, learned Legal Aid Counsel that for observing some official formalities, there was delay of 31 days in preferring the connected appeal against the judgment dated 20.05.2025 and the order dated 22.05.2025, passed by the learned Sessions Judge, Udalguri in Sessions (T-II) Case No.34/2024, convicting the appellant to suffer R.I. for one (1) year only for the offence u/s.448 of the IPC and also to suffer R.I. for ten (10) years u/s.376 of the IPC with default stipulation.

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It is submitted by Mr. Haldar, learned Legal Aid Counsel that after the order of conviction, the Jail Superintendent made a communication with the District Legal Services Authority (DLSA) and the DLSA, Udalguri forwarded the same to the Gauhati High Court Legal Services Authority and thereafter only he was appointed as the Legal Aid Counsel to prefer the appeal against the order. In observing all these formalities, it took some time and hence, the appeal was filed with the delay of 31 days. The delays is also explained in para 6 of the present petition.

Mr. Das, learned Additional Public Prosecutor for the State respondent raised on objection in allowing the present petition condoning the delay.

Heard the submissions made by the learned counsel for both sides and considering the grounds which have been mentioned in this petition vis-à-vis other aspect of the case, the present petition is allowed condoning the delay of 31 days in preferring the connected appeal.

The Registry will do the needful in registering and numbering the connected appeal as well as the interlocutory application and thereafter, the matters may be accordingly listed.

This interlocutory application stands allowed and disposed of.

JUDGE

Comparing Assistant