Amzad Ali Sheikh vs The State Of Assam And Anr
2026 Latest Caselaw 282 Gua

Gauhati High Court

Amzad Ali Sheikh vs The State Of Assam And Anr on 21 January, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                            Page No.# 1/5

GAHC010005372026




                                                                     undefined

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

                                    Case No. : I.A.(Crl.)/26/2026

            AMZAD ALI SHEIKH
            S/O LATE SEBAT ALI, R/O BHARALUPAR, KATAHBARI 4 NO. MASZID GALI,
            P.S- GORCHUK, DIST- KAMRUP (M), ASSAM, PERMANENT ADDRESS- VILL-
            PANBARI, P.O- PODMERALGA, P.S- FAKIRGANJ, DIST- DHUBRI, ASSAM,
            PIN- 783330



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:AKBAR ALI
             S/O LATE HASEN ALI
             R/O BHARALUPAR
             KATAHBARI 4 NO. MASZID GALI
             P.O AND P.S- GORCHUK
             DIST- KAMRUP (M)
            ASSAM
             PIN- 78103

Advocate for the Petitioner   : MR. A MOBARAQUE, MR. S P CHITTAWAT

Advocate for the Respondent : PP, ASSAM,




             Linked Case : EC/0/0

            AMZAD ALI SHEIKH
            SO LATE SEBAT ALI
                                                   Page No.# 2/5

R BHARALUPAR
KATAHBARI 4 NO MASZID GALI
PS GORCHUK
DIST KAMRUP M
ASSAM
PERMANENT ADDRESS VILL PANBARI
PO PODMERALGA
PS FAKIRGANJ
DIST DHUBRI
ASSAM
PIN 783330


VERSUS

THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM

2:AKBAR ALI
SO LATE HASEN ALI
 RO BHARALUPAR
 KATAHBARI 4 NO
 MASZID GALI
 PS AND PO GORCHUK
 DIST KAMRUP M
ASSAM
 PIN 781035
 ------------
Advocate for : MR ABDUL MOBARAQUE
Advocate for : appearing for THE STATE OF ASSAM



Linked Case : ST.Rev./0/0

AMZAD ALI SHEIKH
SO LATE SEBAT ALI
RO BHARALUPAR
KATAHBARI 4 NO MASZID GALI
PS GORCHUK
DIST KAMRUP M
ASSAM
PERMANENT ADDRESS VILL PANBARI
PO PODMERALGA
PS FAKIRGANJ
DIST DHUBRI
ASSAM
                                                                        Page No.# 3/5

            PIN 783330


            VERSUS

           THE STATE OF ASSAM
           REPRESENTED BY THE PUBLIC PROSECUTOR
           ASSAM

           2:AKBAR ALI
           SO LATE HASEN ALI
            RO BHARALUPAR
            KATAHBARI 4 NO MASZID GALI
            PS GORCHUK
            DIST KAMRUP M
           ASSAM
            PIN 781035
            ------------
           Advocate for : MR ABDUL MOBARAQUE
           Advocate for : appearing for THE STATE OF ASSAM



                                BEFORE
               HONOURABLE MR. JUSTICE MANISH CHOUDHURY
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                       ORDER

21.01.2026 [Manish Choudhury, J]

Heard Mr. T. T. Moni on behalf of Mr. A. Mobaraque, learned counsel for the appellant/applicant; and Ms. B. Bhuyan, learned Senior Counsel & learned Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the opposite party-respondent No. 1, State of Assam.

This instant application is preferred under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 18 days in filing the accompanying criminal appeal.

The appellant/applicant has preferred the accompanying criminal appeal against Page No.# 4/5

a Judgment dated 11.09.2025 and an Order of sentence dated 24.09.2025 passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Kamrup (M) ('The Special Court' for short) in Sessions Special Case no. 221/2024. By the said Judgment and Order dated 11.09.2025 and 24.09.2025, the accused appellant/applicant has been convicted for the offences under Section 4(2) of the POCSO Act and Section 65(1) of the BNS, 2023. For the offence under Section 4(2), the appellant/applicant has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 20,000/-, with default stipulation.

We have gone through the statements and averments made in the instant application, more particularly, Paragraphs-4 & 5, thereof. Having gone through the same, we are of the considered view that the appellant/applicant has been able to show sufficient cause for the period of delay. Further, this Court is of the considered view that since the appellant/applicant has been sentenced to undergo rigorous imprisonment for life, interest of justice would also be better sub-served if the accompanying criminal appeal is heard on merits.

The learned Senior Counsel & Additional Public Prosecutor for the State has submitted in similar lines.

As the appellant/applicant has been able to show sufficient cause, we are of the view that this application can be considered dispensing with the procedure of issuing notice to the opposite party-respondent No. 2 at this stage as the accompanying criminal appeal will be heard on merits only after ensuring service of notice to the opposite party-respondent No. 2.

Accordingly, the instant application is allowed condoning the aforesaid period of delay.

Page No.# 5/5

The Registry to register the accompanying criminal appeal and thereafter, list for admission.

                                    JUDGE                    JUDGE


Comparing Assistant