Page No.# 1/2 GAHC010155742025 2025:GAU-AS:10172 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/825/2025 CHENAI CHANGMAI SON OF LATE LOHIT CHANGMARI , R/O VILLAGE NO 1 SILI, SILAPATHAR, DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP ASSAM 2:LIPSAYA PHUKAN SARMA WIFE OF UNKNOWN RESIDENT OF VILLAGE NO 1 SILI SILAPATHAR DIST. DHEMAJI ASSA Advocate for the Petitioner : MS B R A SULTANA, FOR LEGAL AID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 04.08.2025 Heard Ms. B.R.A. Sultana, learned counsel for the applicant-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party no. 1-respondent State of Page No.# 2/2 Assam. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 51 days, which period of delay is stated to have occurred in filing the accompanying criminal appeal under Section 415 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023. It is noticed that after the Judgment was passed and delivered on 26.03.205 by the learned Trial Court, the matter was forwarded from the Jail Authorities to the District Legal Services Authority. Finally, the Gauhati High Court Legal Services Committee [Principal Seat], Guwahati vide Office Letter dated 03.06.2025 had appointed the Legal Aid Counsel to prefer the accompanying criminal appeal. Having gone through statements and averments made in this application regarding the period of delay in filing the connected appeal, this Court is of the considered view that the applicant- appellant has been able to explain the period of delay of 51 days showing sufficient cause. Moreover, as the applicant-appellant has been sentenced to undergo rigorous imprisonment for six years, interest of justice will be better subserved if the appeal is heard on merits leaving aside the technical aspects as regards the delay. The Court is also of the considered view that service of notice upon the opposite party- respondent no. 2/informant can be dispensed with at this stage, as the matter of delay is an aspect which is to be considered by the Court on the backdrop of explanation provided for the delay. In any view of the matter, the accompanying criminal appeal, if admitted, is to be heard on merits only after ensuring service of notice upon the victim/informant/guardian/support person. For the afore-stated reasons, the instant application seeking condonation of delay of 51 days in filing the accompanying criminal appeal is allowed. The Registry to register the criminal appeal and thereafter to list the appeal for admission. JUDGE Comparing Assistant