Page No.# 1/3 GAHC010034112025 2025:GAU-AS:10804 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/419/2025 SWADESH PAUL S/O- LATE NABAJIT PAUL, R/O- VILL- DHIRENPARA BHARALUPAR, P/S. FATASHIL AMBARI, PO DHIRENPARA, DIST- KAMRUP (M), ASSAM, PIN- 781025 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:TULTULI CHAKRABORTY W/O. SRI. PARADIP CHAKRABORTY R/O. VILL. DHIRENPARA BHARALUPAR P/S. FATASIL AMBARI P/O. DHIRENPARA DIST. KAMRUP (M) ASSAM PIN-781025 Advocate for the Petitioner : MR. B K SEN, Advocate for the Respondent : PP, ASSAM, MR R SHARMA, AMICUS CURIAE R2 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Page No.# 2/3 13.08.2025 Heard Mr. B. K. Sen, learned Legal Aid Counsel appearing for the applicant. Also heard Mr. K. K. Parashar, learned Addl. P.P., Assam for the State respondent No.1 and Mr. R. Sharma, learned counsel for the respondent No.2. This is an application under Section 5 of the Limitation Act for condoning the delay of 850 days in preferring the connected Criminal Appeal filed from Jail under Section 483 of the Cr.P.C. The applicant has narrated the reasons for delay in the said application which is reflected in para 3 of the same wherein it is stated that the applicant had approached the Secretary, District Legal Services Authority, Kamrup (M) on 25.01.2025 for legal assistance to the petitioner and thereafter the Secretary, District Legal Services Authority approached the Gauhati High Court Legal Services Committee for filing an appeal for the applicant against the judgment and order dated 21.06.2022 and that thereafter the Gauhati High Court Legal Services Committee vide letter dated 04.02.2025 requested the Legal Aid Counsel, Sri B. K. Sen to provide legal assistance to the applicant. It is, however, stated herein that under the Jail Mannual the convicted person has to be informed of his right of appeal against the conviction order but it seems that the same was not done in the instant case and as such there was a delay of 850 days in filing the connected appeal. Since the applicant is languishing in Jail and finally this Jail Appeal is preferred, the delay in filing the same, in the opinion of this Court, may be condoned in the interest of justice. As such, the delay is condoned. Page No.# 3/3 Registry is directed to register the connected Criminal Appeal and list the same for admission. I.A. stands disposed of. JUDGE Comparing Assistant