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2025 DAILYLAW 26219 (GAU)

MOHAN DOLEY v. THE STATE OF ASSAM

I.A.(Crl.)/234/2025 · 2025-12-16

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010035752025 2025:GAU-AS:17574 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/234/2025 MOHAN DOLEY S/O. LT. TONGARAM DOLEY, R/O. VILL.- NO. 2 LAKHI PATHAR MISSING GAON , P/S. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:JUGOMAI BORAH W/O. SRI SANATAN BORAH R/O. NO. 2 LAKHI PATHAR MISSING GAON P/S. DHEMAJI ASSA Advocate for the Petitioner : MR. B. KUMAR, B DUTTA,MR. U DUTTA Advocate for the Respondent : PP, ASSAM, I AMIN (R-2),MR ROBIUL HOQUE(R-2) Linked Case : ST.Rev./0/0 SRI MOHAN DOLEY RO NO 2 LAKHI PATHAR MISSING GAON PS DHEMAJI ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM PP ASSAM 2:SMTI JUGAMAI BORA RO NO 2 LAKHI PATHAR MISSING GAON PS DHEMAJI ASSAM ------------ Advocate for : BIKASH KUMAR Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 17.12.2025 Heard Mr. U. Dutta, learned counsel for the applicant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State/respondent No.1 and Mr. R. Hoque, learned counsel for the respondent No. 2. This application under Section 5 of the Limitation Act has been filed by the applicant praying for condonation of delay of 11 (eleven) days in preferring a connected appeal against the Judgment & Order dated 07.12.2024 passed by the learned Special Judge (POCSO)in Special (POCSO) Case no. 27/2018. The learned counsel for the applicant submits that the delay occurred in filing the connected appeal is not intentional. He further submits that grounds of delay has been explained in the petition. Mr. Baruah, learned Additional Public Prosecutor for the State as well as the learned counsel for the respondent No. 2 has no objection if the delay is condoned. Page No.# 3/3 I have considered the submissions made by the learned counsel for the parties. The quantum of delay is small and that it is in a criminal appeal against conviction. Situated thus, the delay of 11 days is condoned. The Registry is directed to register the connected appeal and list it in admission column on 29.01.2026. With the above observation, I/A stands disposed of. JUDGE Comparing Assistant