Page No.# 1/4 GAHC010246132025 2025:GAU-AS:15334 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1203/2025 TARUN CHANGMAI S/O - JIBAN CHANGMAI, RESIDENCE OF VILLAGE - NO. 2 RANGPURIA, P. S. - SIMEN CHAPARI, DISTRICT - DHEMAJI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. THROUGH THE PUBLIC PROSECUTOR, ASSAM. 2:ANJUMONI NATH W/O - GOPI NATH RESIDENCE OF VILLAGE - BORUAH BALI GAON P.O. P. S. - SIMEN CHAPARI DISTRICT - DHEMAJI ASSAM. PIN - 787061 Advocate for the Petitioner : B DUTTA, MR. U DUTTA Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 SRI TARUN CHANGMAI S/O - JIBAN CHANGMAI RESIDENCE OF VILLAGE - NO. 2 RANGPURIA P. S. - SIMEN CHAPARI DISTRICT - DHEMAJI ASSAM. Page No.# 2/4 VERSUS THE STATE OF ASSAM THROUGH THE PUBLIC PROSECUTOR ASSAM. 2:SMTI ANJUMONI NATH W/O - GOPI NATH RESIDENCE OF VILLAGE - BORUAH BALI GAON P.O. AND P. S. - SIMEN CHAPARI DISTRICT - DHEMAJI ASSAM. PIN - 787061. ------------ Advocate for : BHASKAR DUTTA Advocate for : appearing for THE STATE OF ASSAM Linked Case : EC/0/0 SRI TARUN CHANGMAI S/O - JIBAN CHANGMAI RESIDENCE OF VILLAGE - NO. 2 RANGPURIA P. S. - SIMEN CHAPARI DISTRICT - DHEMAJI ASSAM. VERSUS THE STATE OF ASSAM THROUGH THE PUBLIC PROSECUTOR ASSAM. 2:SMTI ANJUMONI NATH W/O - GOPI NATH RESIDENCE OF VILLAGE - BORUAH BALI GAON P.O. AND P. S. - SIMEN CHAPARI DISTRICT - DHEMAJI ASSAM. PIN - 787061. ------------ Advocate for : BHASKAR DUTTA Advocate for : appearing for THE STATE OF ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 12.11.2025 1. Heard Mr. U. Dutta, the learned counsel for the applicant. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent. 2. This interlocutory application under Section 5 of the Limitation Act, praying for condonation of the delay of 30 days in preferring the connected appeal wherein the judgment and order dated 03.07.2025 passed by the learned Special Judge (POSCO), Dhimaji in Special (POSCO) Case No. 26/2017 has been impugned. 3. The learned counsel for the petitioner has submitted that the petitioner is a carpenter by profession and due to financial constraint he may not prefer the connected appeal within the prescribed period of limitation. 4. He has stated that the grounds for the delay has been explained by the petitioner in paragraph No. 2 to 4 of the condonation of a bail application. 5. The learned Additional Public Prosecutor objected to the prayer of condonation of delay on the ground that the plea of finance constraint may not be regarded as sufficient ground for condoning the delay in preferring the delay as the applicant, even if he has financial difficulties, could have avail the free legal aid service provided by the legal service authority. Page No.# 4/4 6. I have considered the submissions made by the learned counsel for both sides. 7. Though, the objections raised by the learned Additional Public Prosecutor has some force in it, however, considering the ground mentioned on the application of condonation of delay to be sufficient ground which prevent in filing the criminal appeal within the period of limitation, this Court is inclined to condone the delay of 30 days. 8. Accordingly, the same is condoned. 9. The Registry is directed to register the connected criminal appeal and list the same for admission after a week on a date to be fixed by the Registry. 10. This Interlocutory Application is, accordingly, disposed of. JUDGE Comparing Assistant