Page No.# 1/3 GAHC010020112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/196/2025 in Crl.A.(J)/827/2025 BITUPAN GOGOI S/O. SRI SUSHIL GOGOI, RESIDENT OF VILLAGE KANKHOWA GAON, NEW SONOWAL TEA GARDEN, LINE NO 2, MORIONI, JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. 2:DIPANKAR GOGOI S/O. SRI DIMBESWAR GOGOI RESIDENT OF VILLAGE KANKHOWA GAON NEW SONOWAL TEA GARDEN MARIANI KOTONI BLOCK NO. 16 P/S. MORIONI JORHAT ASSA Advocate for the Petitioner : MS. B SARMA, Advocate for the Respondent : PP, ASSAM, MS. L DEVI (LEGAL AID COUNSEL FOR R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 25.04.2025 (SK Medhi, J.) Heard Ms. B Sarma, learned Legal Aid Counsel for the applicant who has filed this application under Section 5 of the Limitation Act, 1963 for condonation of delay of 60 days in preferring the connected appeal. The appeal has been preferred against the judgment and order dated 20.09.2024 passed by the learned Addl. Sessions Judge, Jorhat in Sessions Case No. 21/2023 convicting the accused appellant to undergo RI for life and to pay fine of Rs. 5,000/- only, in default, SI for 3 months for the offence under Section 302 IPC. Notice in this application was issued on 07.03.2025. Ms. A Begum, learned Addl. PP, Assam has appeared for the State respondent, Ms. L Devi, learned Legal Aid Counsel has submitted that she would be appearing on behalf of the respondent no. 2. Both the learned counsel for the respondents have submitted that they would not have serious objection to the aspect of condonation of delay and would rather, oppose the appeal on merits. It is a settled position of law that a petition for condonation of delay has to be taken in a pragmatic and justice oriented manner. We have also perused the reasons cited for the delay which appears in paragraph 4 of the application. That apart, the appeal itself is against an order of conviction and sentence and therefore, we are of the opinion that the delay is required to be condoned which we accordingly done. Interlocutory application accordingly stands allowed. Page No.# 3/3 Let the appeal be registered and listed for admission after a week. IA accordingly stands disposed. JUDGE JUDGE Comparing Assistant