Page No.# 1/3 GAHC010136092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/683/2025 TULEN GOGOI S/O. LT. PADMESWAR GOGOI, R/O. VILL.- OKA GAON, P/S. AND DIST. GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM. 2:BHABEN GOGOI S/O. LT. PADMESWAR GOGOI R/O. VILL.- OKA GAON P/S. AND DIST. GOLAGHAT ASSAM Advocate for the Petitioner : MR. S BISWAS, FOR LEGAL AID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 25-06-2025 [M. Choudhury, J] Heard Mr. S. Biswas, learned Legal Aid Counsel for the applicant-appellant Page No.# 2/3 and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam. 2. The instant application is preferred under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 44 days, which have occurred in preferring the accompanying criminal appeal under Section 415[2] of the Bharatiya Nagarik Suraksha Sanhita, 2023. The accompanying criminal appeal has been preferred against a Judgment and Oder dated 06.03.2025 passed by the Court of learned Sessions Judge, Golaghat in Session Case no. 16/2020. By the Judgment and Order dated 06.03.2025, the applicant-appellant has been convicted for the offence under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-, with default stipulation. 3. We have gone through the statements and averments made in the instant application, more particularly, paragraphs 3 & 4 thereof. 4. On having gone through the statements and averments made in this application, we are of the considered view that the applicant-appellant has been able to explain the period of delay of 44 days showing sufficient cause. 5. We are also of the considered view that interest of justice will be better sub-served if the accompanying appeal is heard on merits as the applicant- appellant has been sentenced to undergo rigorous imprisonment for time. 6. Mr. Kaushik, learned Additional Public Prosecutor appearing for the State has also fairly submitted that since the applicant-appellant has been sentenced to undergo rigorous imprisonment for life, the interest of justice would be better sub-served if the accompanying appeal is heard on merits after effecting service Page No.# 3/3 of notice on the victim. 7. For the afore-said reasons, the instant application is allowed condoning the delay of 44 days in preferring the accompanying criminal appeal. 8. The Registry to register the accompanying criminal appeal and thereafter, to list the same in the admission column. JUDGE JUDGE Comparing Assistant