Page No.# 1/3 GAHC010229622024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1103/2024 ANISUZ ZAMAN S/O. LATTIFUR RAHMAN, VILL. MAZDIA, P/O. PACHIM MAZDIA, P/S. SARTHEBARI, DIST. BARPETA, ASSAM. VERSUS NABUL ALI S/O. ASHRAF ALI, VILL. BAPUTI RARH, P/S. DEMOW, DIST. SIVASAGAR, ASSAM. Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : MR. B D KONWAR SR. ADV., MS S JAIN,MS M ZOMUANPUII,H BAISHYA,MR J SINGH,MRS J M KONWAR Linked Case : ANISUZ ZAMAN VERSUS NABUL ALI Page No.# 2/3 ------------ Advocate for : MR. A M BARBHUIYA Advocate for : appearing for NABUL ALI BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.08.2025 1. Heard Mr. A.M Borbhuiya, learned counsel for the petitioner. Also heard Ms. B Soren, counsel for the respondent. 2. The Interlocutory Application has been filed by the petitioner Anisuz Zaman under Section 5 of the Limitation Act, 1963, praying for condoning the delay of 41 days in filing the connected leave application for preferring appeal against acquittal. 3. Learned counsel for the petitioner has submitted that the petitioner could not approach this Court within the prescribed period of limitation as he was prevented by a genuine cause which he has stated in the application for condoning the delay. 4. Learned counsel for the respondent has conceded to the prayer for condoning the delay on the ground that cause shown by the petitioner appears to be supported by medical documents. 5. I have considered the submissions made by learned counsel for both sides. This court is of considered opinion that the delay in preferring the connected leave petition for filing appeal against acquittal has been sufficiently explained by the petitioner in his application for condoning delay. 6. The said appeal is, hereby, condoned and this Interlocutory Application is, hereby, disposed of. JUDGE Page No.# 3/3 Comparing Assistant