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2025 DAILYLAW 4200 (GAU)

Mofijul Haque v. The State of AP

IA(Crl)/18/2025 · 2025-02-26

Budi Habung

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC040002942025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/18/2025 Mofijul Haque Son of Islam Ali, resident of No. 03, Murkong Selek, PO and PS Jonai, Dhemaji District, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Kamal Saxena, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 27-02-2025 Heard Mr. E. Payeng, learned counsel for the appellant and Mr. D. Loyi, learned Public Prosecutor for the State. 2. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 86 days in filing the connected criminal appeal against the judgment and order, dated 30.10.2024, passed in PSG SC (NDPS) Case No. 10/2021 by the learned Special Judge, NDPS, East Siang District, Pasighat. Page No.# 2/2 3. The grounds for delay in filing the connected appeal has been explained in paragraphs No. 3, 4 & 5. 4. On perusal of the grounds stated in the above paragraphs No. 3, 4 & 5, this Court is satisfied that the appellant has been able to show that he was prevented from sufficient cause for not filing the connected appeal within the stipulated period of time. Moreover, the learned Public Prosecutor appearing on behalf of the State has no objection, if the delay of 86 days is condoned. 5. In view of the above, the delay of 86 days in filing the connected appeal is hereby condoned. 6. Accordingly, this interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant