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2025 DAILYLAW 3346 (GAU)

RINA GARH v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/45/2025 · 2026-05-24

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010261382024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/45/2025 RINA GARH AC/6233, W/O. UDAY GARH, R/O. MADURAI TEA ESTATE, P/S. NAZIRA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THEPP, ASSAM. 2:RAMA TASA S/O. LATE GULSU TASA R/O. SUTAJAN TEA GARDEN P/S. KOMAR BONDHA DIST. GOLAGHAT ASSAM Advocate for the Petitioner : MS. N CHOUDHURY, Advocate for the Respondent : PP, ASSAM, In Crl.A. Case No. 11312/2024 With Crl.A. Case No. 11312/2024(filing number) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.05.2026 [1] Heard Ms. N. Choudhury, the learned counsel for the applicant. [2] On perusal of the Office Note dated 19.05.2026, it appears that the notice issued to respondent No. 2 has returned after due service. However, none has appeared for the said respondent. [3] This interlocutory application has been filed by the applicant praying for condonation of delay of 705 days in preferring the connected appeal, whereby judgment and order dated 31.10.2022, passed by the learned Sessions Judge, Sivasagar in Sessions 30(S-S) of 2014, whereby the present applicant was convicted under Section 372/34 of the Indian Penal Code, 1860 and was sentenced to undergo rigorous imprisonment for 10(ten) years and to pay a fine of Rs. 10,000/- and in default of payment of fine to go undergo further simple imprisonment for 6(six) months. [4] I have gone through the reasons for delay stated by the applicant in the interlocutory application in paragraph No. 9 of the same. [5] Considering the reasons stated in the Page No.# 3/3 present interlocutory application to be sufficient cause which prevented the applicant in preferring the connected appeal within the prescribed period of limitation, the delay of 705 days in preferring the connected appeal is hereby, condoned and this interlocutory application is allowed. [6] The Registry shall register the connected criminal appeal and list the same for admission after a week on a date to be fixed by it. JUDGE Comparing Assistant