Page No.# 1/3 GAHC010188572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1032/2025 ROFIQUL ISLAM @ AFIQUL ISLAM S/O. ASIR UDDIN, R/O. VILL.- CHANDIPARA, P/S. FAKIRGANJ, DIST. DHUBRI, PIN-783330 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. Advocate for the Petitioner : MR H AGARWAL, MR. B D KONWAR SR. ADV.,MS. B SOREN Advocate for the Respondent : PP, ASSAM, Linked Case :Crl.A./8023/2025 ROFIQUL ISLAM ALIAS AFIQUL ISLAM ASSAM VERSUS THE STATE OF ASSAM ASSAM Page No.# 2/3 ------------ Advocate for : HARSHIT AGARWAL Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.09.2025 1. Heard Mr. B. Soren, the learned counsel for the applicant. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent. 2. This Interlocutory Application under Section 5 of the Limitation Act, 1963 has been filed by the applicant, namely, Rofiqul Islam @ Afiqul Islam, who is praying for condonation of delay of 304 days in filing the connected Criminal Appeal, whereby the applicant intend to impugn the judgment dated 08.08.2024 passed in Sessions Case No. 349/2018 by the learned Additional Session Judge, Dhubri, whereby the applicant was convicted and sentenced to under Section 370 of the Indian Penal Code. 3. The learned counsel for the applicant has submitted that in paragraph No. 4 of the application for condonation of delay, the applicant has stated the reasons for approaching this Court beyond the period of limitation. 4. The learned Additional Public Prosecutor has not objected to the prayer, considering the grounds shown for the delay caused by the applicant. 5. I have considered the submissions made by the learned counsel for the applicant. 6. Since the grounds shown in the application for condonation of delay, for not approaching this Court 304 days beyond the period of limitation is found to be the sufficient ground, praying for condoning the delay of 304 days is hereby allowed and this Interlocutory Application is accordingly allowed. Page No.# 3/3 7. The Registry is directed to register the connected Criminal Appeal and list the same for admission on a date to be fixed by the Registry. JUDGE Comparing Assistant