Page No. 1/3 GAHC020006052025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Crl.)/29/2025 SHRI OJIT CHUTIA S/O SUNE CHUTIA, R/O MAKHARUNG VILLAGE (BAGHTY) WOKHA, NAGALAND, P/R KOLAJAN VILLAGE, PO/PS MERAPANI THROUGH THE JAILOR, DISTRICT JAIL, MOKOKCHUNG NAGALAND VERSUS STATE OF NAGALAND AND ANR KOHIMA NAGALAND 2:SHRI RIJUAN CHUTIA S/O LT. BEGIT CHUTIA R/O DOYALPUR P/ADD- DOYALPUR GOLAGHAT ASSAM (COMPLAINANT Advocate for the Petitioner : TOSHI O. LONGKUMER, Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 17.09.2025 [M. Choudhury, J.] Heard Mr. Toshi O. Longkumer, learned Legal Aid Counsel for the applicant-appellant and Mr. K. Angami, learned Public Prosecutor, Nagaland for Page No. 2/3 the State. 2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 1010 days, which have occurred in preferring the accompanying criminal appeal. 3. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal [Jail] no. 4/2025 under Section 415, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023/Section 374 of the Code of Criminal Procedure, 1973 to assail a Judgment dated 03.10.2022 and an Order on sentence dated 10.10.2022 passed by the Court of learned Sessions Judge, Wokha, Nagaland in G.R. Case no. 16/2021, which arose out of Bhandari Police Station Case no. 01/2021. 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. 1,000/-, in default of payment of fine, to undergo simple imprisonment for six months. 4. It has been averred that after delivery of the impugned Judgment dated 03.10.2022, the applicant-appellant was taken into custody and since then, the applicant-appellant is in incarceration. It is further averred that the applicant- appellant neither had the means to prefer an appeal further nor he received any proper legal advice to prefer an appeal during the subsequent period. 5. It has been submitted by Mr. Longkumer, learned counsel for the petitioner has submitted that there are good grounds to prefer an appeal against the impugned Judgment and Order of conviction and sentence. He has further submitted that it was only on 26.06.2025, the Nagaland State Legal Services Authority had appointed him to prefer an appeal on behalf of the applicant-appellant. 6. Mr. Angami, learned Public Prosecutor has fairly submitted that the Court may exercise the discretion appropriately in the case in hand. Page No. 3/3 7. We have gone through the statements and averments made in the instant application. During the interregnum, the applicant-appellant did not prefer any appeal due to the reasons assigned. We are also of the considered view that since the applicant-appellant has been sentenced to undergo rigorous imprisonment for life, interest of justice will be better sub-served if the connected criminal appeal is heard on merits after condoning the period of delay. 8. Having gone through the statements and averments made in this application, we are of the considered view that the applicant-appellant has been able to explain the period of delay showing sufficient cause for condonation of delay of 1010 days, which has in preferring the accompanying criminal appeal. 9. For the afore-stated reasons, the instant application is allowed condoning the delay 1010 days in preferring the connected criminal appeal. 10. The Registry to list the accompanying criminal appeal, Criminal Appeal [Jail] no. 4/2025 in the admission column after 1 [one] week. Sd/- Sd/- JUDGE JUDGE Comparing Assistant