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2025 DAILYLAW 24432 (GAU)

MD CHAFIKUL HUSSAIN v. THE STATE OF ASSAM

I.A.(Crl.)/1335/2025 · 2025-12-16

Manish Choudhury

body2025

Judgment text

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Page No. 1/2 GAHC010269802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1335/2025 MD CHAFIKUL HUSSAIN SON OF LATE MOHAMMAD HUSSAIN, RESIDENT OF VILLAGE- SHALMRA MOHKHUTI, HALMIRA MOHKHUTI GAON, GOLAGHAT, POLICE STATION- GOLAGHAT, DISTRICT-GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR Advocate for the Petitioner : MS. B SARMA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 17.12.2025 Heard Ms. B. Sarma, learned counsel for the applicant-appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam. 2. The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 11 [eleven] days, which period of delay had occurred in filing of the accompanying criminal appeal, Criminal Appeal no. 11427/2025 [Filing Number] under Section 415, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 against a Judgment and Order dated 22.09.2025 passed by the Court of Sessions Judge, Golaghat [‘the Trial Court’, for Page No. 2/2 short] in Sessions Case no. 05/2024. 3. The Trial Court has convicted the applicant for the offences under Sections 341 and 324, Indian Penal Code [IPC]. For the offence under Section 341, IPC, the applicant has been sentenced to undergo rigorous imprisonment for 6 [six] months and to pay a fine of Rs. 2,000/-, with default stipulation. For the offence under Section 324, IPC, the applicant has been sentenced to undergo simple imprisonment for one month. Both the sentences are ordered to run concurrently. 4. I have gone through the statements and averments made in the instant application explaining the delay of 11 [eleven] days, more particularly, Paragraph 4 thereof. 5. Having gone through the reasons for delay, this Court is of the view that the applicant has been able to show sufficient cause for the period of delay of 11 [eleven] days. Accordingly, the instant interlocutory application is allowed. 6. The Registry to register the accompanying criminal appeal, Criminal Appeal no. 11427/2025 [Filing Number] and thereafter, list the case in the admission column on 07.01.2026. JUDGE Comparing Assistant