Page No.# 1/3 GAHC010021052025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/100/2025 in Crl. A./464/2025 SRI SUMANTA NATH AND ORS S/O. MAHENDRA KR. NATH 2: ASHISH KUMAR NATH S/O. LT. ANANDA MOHAN NATH 3: SUMESH NATH S/O. SRI SUMANTA NATH 4: SAJAL NATH S/O. LT. SUDHIR NATH 5: ANANDA MOHAN NATH S/O. LT. MAHENDRA MOHAN NATH. VILLAGE- MUKTACHERRA PART IV P/S. LALA DISTRICT-HAILAKANDI ASSAM VERSUS THE STATE OF ASSAM AND 1 ORS REP. BY THE PP, ASSAM 2:SMTI ARATHI NATH W/O. SRI. RABINDRA KUMAR NATH RESIDENT OF WARD NO. 2 RAJMOHAN SARANI UMEDNAGAR NEAR BLOC ELEMENTARY OFFICE P/S. LALA DISTRICT HAILAKANDI ASSAM Page No.# 2/3 PIN-788163 Advocate for the Petitioner : AOMAN KHUNGKHRA BORO, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 10.02.2025 (SK Medhi, J.) Heard Shri Sandip Mitra, learned counsel for the applicants, who has presented this application under Section 5 of the Limitation Act, 1963 for condonation of delay of 1 day in preferring the criminal appeal. The appeal has been preferred against the judgment and conviction dated 16.11.2024 passed by the learned Addl. Sessions Judge, Hailakandi in Sessions Case No. 79/2015 under Section 148 of the IPC and sentencing the accused applicants to undergo SI for 1 year for the offence under Sections 324/149 of the IPC and SI for 2 years, for office under Section 325/149 of the IPC to undergo SI for 2 years and a fine of Rs. 3,000/- each and in default to undergo SI for 2 months and for the offence under Section 302/149 IPC to undergo RI for life and fine of Rs.6,000/- each and in default to undergo SI for 3 months which were directed to run concurrently. The learned counsel for the applicants has submitted that the delay apart from being of a day is not due to any negligence or laches. Ms. S Jahan, learned Addl. PP, Assam has submitted that the State would not have serious objection for condonation of the delay of a day. The approach of the Court in adjudicating an application for delay condonation is to be pragmatic and justice oriented. Page No.# 3/3 Considering that the delay is of only 1 day and taking into account the reasons cited, we are of the view that the delay is required to be condoned. Accordingly, the delay of 1 day is condoned. IA accordingly stands disposed of. JUDGE JUDGE Comparing Assistant