Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010068112025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/334/2025 BULBUL BORGOHAIN S/O LATE DIMBOR BORGOHAIN, R/O RAIDONGIA GAON, P.S. GHILAMARA, DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM.
2:SMTI JIMI BARUAH BORGOHAIN W/O SRI BULBUL BORGOHAIN R/O RAIDONGIA GAON P.S. GHILAMARA DIST. LAKHIMPUR ASSAM Advocate for the Petitioner : MR. K K HANDIQUE, MS M BORA Advocate for the Respondent : PP, ASSAM, MR N MILI (R-2),MR. R CHETRI(R-2)
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 15.10.2025
1. Heard Mr. K.K. Handique, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam and Mr. N.
Page No.# 2/2 Mili, learned counsel for the respondent no. 2.
2. This is an application filed under Section 5 of the Limitation Act, for condoning the delay of 66 days in filling the connected criminal appeal.
3. The learned counsel appearing for the applicant has narrated the grounds of delay in paragraph no. 4 of the said interlocutory application and in the said paragraph it is stated that after the judgment and order was pronounced on 20.11.2024, the applicant approached the lawyer for preferring an appeal and handed over the brief. However, the concerned counsel asked the applicant to get some more papers related to the case and that it was collected by the applicant and same were handed to the lawyer and the entire process took some time and finally the appeal was drafted and filed on 26.03.2025 which caused the delay of 66 days.
4. Mr. B. Sarma fairly submits that the instant case may be heard on merits and Mr. N. Mili representing the respondent no. 2 also fairly submits that the case may be heard on merits. This court is satisfied with the grounds narrated in the interlocutory application for the delay caused in preferring the criminal appeal and as such this court finds it fit that the delay may be condoned. Accordingly, the delay of 66 days in preferring the criminal appeal is condoned for the ends of justice and the appeal may be registered by the Registry.
5. I.A. is disposed of.
JUDGE Comparing Assistant