Citation : 2026 Latest Caselaw 217 Gua
Judgement Date : 19 January, 2026
Page No.# 1/4
GAHC010264832025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/11/2026
SRI GOBRAJ ALIAS GOBRA BHUMIJ
S/O LATE ADHIKARI BHUMIJ, R/O NISTHAL TEA GARDEN (BAZARLINE)
UNDER UDHARBOND POLICE STATION IN THE DIST. OF CACHAR, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR. U CHOUDHURY,
Advocate for the Respondent : PP, ASSAM,
Linked Case : ST.Rev./0/0
SRI GOBRAJ ALIAS GOBRA BHUMIJ
SO LATE ADHIKARI BHUMIJ
RO NISTHAL TEA GARDEN BZZARLINE
PS UDHARBOND
DIST CACHAR
ASSAM
VERSUS
THE STATE OF ASSAM
Page No.# 2/4
PP ASSAM
------------
Advocate for : UJJAL CHOUDHURY
Advocate for : appearing for THE STATE OF ASSAM
Linked Case : EC/0/0
SRI GOBRAJ ALIAS GOBRA BHUMIJ
SO LATE ADHIKARI BHUMIJ
RO NISTHAL TEA GARDEN BZZARLINE
PS UDHARBOND
DIST CACHAR
ASSAM
VERSUS
THE STATE OF ASSAM
PP ASSAM
------------
Advocate for : UJJAL CHOUDHURY
Advocate for : appearing for THE STATE OF ASSAM
BEFORE
HON'BLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
19.01.2026
This I.A has been preferred seeking condonation of delay in preferring the
connected jail appeal against the impugned Judgment dated 28.03.2025 and
Sentence dated 03.04.2025 passed in Sessions Case No. 139/2024, whereby the
accused appellant was convicted under Sections 341/376 and sentenced to Page No.# 3/4
undergo R.I for 10 years and to pay a fine of Rs. 5,000/-.
2. Heard the learned Legal Aid Counsel for the accused appellant. It appears
that the accused had filed an application before the High Court through jail
authority for submission of the appeal, which was forwarded to the Secretary,
DLSA, Cachar through the jail authority. Subsequently, the documents in
connection with the case were submitted to the concerned Legal Services
Authority of the Gauhati High Court, which, in turn, engaged Mr. Ujal
Choudhury, Advocate, as Legal Aid Counsel and the case was handed over to
him, however no connected documents were provided at that time and it is only
recently that the said documents were submitted to the learned Legal Aid
Counsel, and after going through the same, the appeal was prepared and filed
on 08.11.2025. In the course of the aforesaid exercise, a delay of 238 days has
occurred.
3. Having regard to the aforesaid averments supported by an affidavit, it
appears that there was no intention of delay in preparing the instant appeal,
and there is a sufficient ground to condone the said delay.
4. Accordingly, the delay is condoned.
5. The I.A is disposed of as allowed.
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6. Register the connected Criminal Appeal (J).
JUDGE
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