Page No. 1/4 GAHC010009702024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/111/2025 ABUL BASAR S/O. MD. ABDUL KHALEQ R/O. VILL. KACHARI GAON P/O. KALIDHINGA P/S. JURIA DIST. NAGAON ASSAM PIN-782124. VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE PP ASSAM. 2:AINUL HAQUE S/O. FAZAR ALI. 3:ASHIYA KHATOON W/O. FAZAR ALI. 4:NAZRUL ISLAM S/O. MD. IDRISH ALI 5:JAMALUDDIN S/O. MD. AMIRUDDIN 6:GULZAR HUSSAIN S/O. LT. ABUBAKKAR SIDDIKI 7:SAIBUR HAQUE @ SABIRUL ISLAM S/O. LT. ABUBAKKAR SIDDIKI ALL ARE R/O. VILL.- KACHAMARI P/O. PANPUR Page No. 2/4 P/S. JAMUGURI DIST. SONITPUR. Advocate for : MR MONZUR K CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 14.07.2025 [Manish Choudhury, J.] Heard Mr. M.K. Choudhury, learned counsel for the applicant-appellant; Ms. A. Begum, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam; Mr. P.K. Deka, learned counsel for the opposite party-respondent nos. 2, 3 & 5; and Mr. M. Khan, learned counsel for the opposite party-respondent nos. 4, 6 & 7. 2. The instant interlocutory application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 201 days, which have occurred in preferring the accompanying criminal appeal. 3. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal no. 10451/2024 [Filing Number] dated 12.11.2024 under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 to assail a Judgment and Order dated 22.12.2023 passed by the Court of learned Sessions Judge, Sonitpur, Tezpur [‘the Trial Court’, for short] in Sessions Case no. 105/2012. In the trial of Sessions Case no. 105/2012, seven charged-sheeted accused persons faced the trial for various charges including a charge under Section 302, Indian Penal Code [IPC]. The learned Trial Court after conclusion of the trial, has found one charge-sheeted accused, namely, Md. Fazar Ali guilty of the offence under Section 302, IPC. Holding the other six charge-sheeted accused persons not guilty of the offences charged, the other six charge-sheeted accused persons were acquitted from the charges. Page No. 3/4 4. Being aggrieved by and dissatisfied with the Order of acquittal of the said six charge- sheeted accused persons, that is, the opposite party-respondent nos. 2 – 7 herein, the accompanying criminal appeal has been preferred by the informant. 5. We have gone through the statements and averments made in the instant interlocutory application, more particularly, Paragraph no. 5 thereof. 6. Mr. Deka, learned counsel for the opposite party-respondent nos. 2, 3 & 5 and Mr. Khan, learned counsel for the opposite party nos. 4, 6 & 7 have submitted that they have no objection if the period of delay is condoned and the appeal is heard on merits. Mr. Deka, learned counsel for the opposite party-respondent nos. 2, 3 & 5 has submitted that the opposite party-respondent no. 5, namely, Md. Zamal Uddin has expired after the Judgment and Order dated 22.12.2023 of the learned Trial Court and the connected criminal appeal, even if it is admitted, would stand abated in so far as the opposite party-respondent no. 5 is concerned. 7. Ms. Begum, learned Additional Public Prosecutor appearing for the State has also fairly submitted that the State has no objection if the period of delay is condoned and if the appeal is heard on merits. 8. The learned counsel for the parties have further submitted that another criminal appeal, Criminal Appeal no. 30/2024 has arisen out of the same Judgment and Order dated 22.12.2023 and the Paper-Book has already been prepared. They have further submitted that after condonation of delay, the accompanying criminal appeal, after registration, can be heard along with Criminal Appeal no. 30/2024. 9. Having regard to the statements and averments made in the application, we are of the considered view that the applicant has been able to explain the delay of 201 days showing sufficient cause. Resultantly, the instant application is allowed condoning the delay 201 days in preferring the accompanying criminal appeal. Page No. 4/4 10. The Registry to register the accompanying criminal appeal, Criminal Appeal no. 10451/2024 [Filing Number] and thereafter, to list the same on a date in the next week in the admission column, along with Criminal Appeal no. 30/2024. 11. The names of the learned counsel for the opposite parties-respondents nos. 2 – 7 are to be reflected in the respondents’ side in the Cause-List. JUDGE JUDGE Comparing Assistant