Page No.# 1/3 GAHC010126322026 2026:GAU- AS:10551-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/755/2026 BITTU SAHA S/O. BALAN SAHA, R/O. LAL GANESH, NEAR BARSAPARA STADIUM, P/O. FATASIL AMBARI, P/S. FATASIL AMBARI, GHY, KAMRUP M, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:INDRANI DEBNATH D/O. MR DILIP DEBNATH R/O. HOUSE NO 15 BHASKAR NAGAR EKTA PATH P/S. FATASIL AMBARI KAMRUP M BIKASH NAGAR NAMGHAR PATH HOUSE NO 18 BASISTHA P/S. BASISTHA DIST. KAMRUP M ASSAM PIN 78103 Advocate for the Petitioner : A BHARADWAJ, MR. A DAS,MS. B CHETRY,MS Z ANJUM,MR. M K DAS,MR B S CHOWDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 31.07.2026 (Nelson Sailo, J) Heard Mr. M.K. Das, learned counsel for the applicant, who submits that, by filing this application, the applicant seeks condonation of 624 days of delay in filing the connected appeal against the judgment and order dated 03.08.2024 and the order of sentence dated 07.08.2024, passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (Metro), Guwahati, in Sessions (Special) Case No. 45/2023. 2. Referring to the application, the learned counsel submits that the applicant was of the impression that an appeal had already been filed against the order of his conviction and sentence. But later on came to know that no such appeal has been filed and therefore the said delay. 3. The learned counsel also submits that, by the impugned judgment and order, three persons have been convicted including the instant applicant and the other two persons had already filed the appeal which is pending before this Court, namely, Crl.A. No. 340/2024 and Crl.A. No. 332/2024. 4. He, therefore, submits that, since the appeals filed by the co-accused persons, who were convicted by the same judgment and order is already pending for consideration, the delay in filing the instant appeal may also be condoned. 5. Mr. R.R. Kaushik, learned Addl. P.P submits that considering the fact that two appeals are already pending, arising out of the same case, the Court may Page No.# 3/3 consider the same and pass an appropriate order as it deems fit and proper. 6. Having heard the learned counsels for the parties and having regard to the fact that two appeals are already pending for consideration, we are inclined to condone the delay. 7. Accordingly, the delay of 624 days in filing the connected appeal stands condoned. 8. I.A. is disposed of, as allowed. 9. In view of the above, the Registry shall register the connected Criminal Appeal and list the same along with Criminal Appeal No. 340/2024 and Criminal Appeal No. 332/2024. JUDGE JUDGE Comparing Assistant