Page No.# 1/3 GAHC010147682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/745/2025 SRI JAGANNATH RAY S/O GOVINDA RAY, R/O BARGAON BAKRAPARA, P.S. BOKO, DIST. KAMRUP, ASSAM, PIN 781123 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MRS. S KHATANIAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 19.07.2025 [Manish Choudhury, J.] Heard Ms. S. Khataniar, learned Legal Aid Counsel for the applicant-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the opposite party-respondent no. 1, State of Assam. Page No.# 2/3 2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 368 days, which have occurred in preferring the accompanying criminal appeal. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal [Jail] no. 6249/2025 [Filing Number] under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 to assail a Judgment dated 24.04.2024 and an Order on sentence dated 26.04.2024 passed by the Court of learned Sessions Judge, Kamrup Amingaon in Sessions Case no. 228/2015. By the Judgment and the Order on sentence, 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/-, in default of payment of fine, to undergo rigorous imprisonment for another six months. 3. We have gone through the statements and averments made in the instant application. 4. Though in the application, there is not much explanation for the period of delay occurred in between 26.04.2025 and the date of filing the instant criminal appeal, Ms. Khataniar, learned Legal Aid Counsel has submitted that instruction has been received from the Gauhati High Court Legal Services Authority to prefer an appeal vide a Communication bearing no. GHCLSC-117/2025/753 dated 14.05.2025 after the applicant-appellant had sought legal aid. It is submitted by Ms. Khataniar, learned Legal Aid Counsel that after receipt of the instruction to prefer an appeal, the memorandum of appeal was prepared with the utmost expedition. Therefore, the delay cannot be attributed to the applicant appellant. 5. Having regard to the fact that the applicant-appellant has been sentenced to undergo imprisonment for life after being convicted under Section 302, IPC, we are of the considered view that interest of justice would be better sub-served if the accompanying criminal appeal is heard on merits leaving aside the aspect of delay which have occurred in preferring the accompanying criminal appeal. It prima facie appears that the delay so caused cannot be attributed solely to the applicant-appellant. 6. For the afore-said reasons, the delay of 368 days which have occurred in preferring Page No.# 3/3 the accompanying criminal appeal is allowed. 7. The Registry to register the accompanying appeal and thereafter, to list the same in the admission column. JUDGE JUDGE Comparing Assistant