Page No.# 1/3 GAHC010273242025 2026:GAU-AS:13782 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1379/2025 SRI BISWAJIT SEN SON OF SRI NAGENDRA SEN R/O - VILL - GURIHATI P.O. P.S. - KHOIRABARI DIST. - UDALGURI, B.T.R., ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROCECUTOR 2:SMT SAGARIKA MITRA D/O APURBA KR. MITRA R/O VILL - DEBAGURI P.O. P.S. - KHOIRABARI DIST. UDALGURI B.T.R. ASSAM Advocate for the Petitioner : MS B R A SULTANA, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 16.09.2026 Heard Ms B R A Sultana, learned counsel appearing for the applicant. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 5 of the Limitation Act, 1963, the applicant Page No.# 2/3 has prayed for condoning the delay of 136 days in filing the connected criminal revision petition, challenging the judgment and order dated 23.05.2025, passed by the Additional Sessions Judge, Udalguri, in Criminal Appeal No. 7 of 2025. By the said judgment and order, the learned Additional Sessions Judge had upheld the judgment passed by the Additional CJM, Udalguri. By the judgment and order dated 21.12.2024, the applicant was convicted under Sections 341/354 of the IPC and was sentenced to undergo SI for a period of one month under Section 341 IPC as well as to undergo RI for a period of one year with fine and default stipulation under Section 354 IPC. 3. The learned counsel for the applicant has narrated the delay caused in Paragraph Nos. 7 and 8 of the said application, wherein the applicant had stated that after the judgment and order was passed on 23.05.2025, the applicant obtained a certified copy of the said judgment on 16.06.2025, and approached the High Court for filing the necessary application challenging the said order. The learned counsel further submits that the case was handed over to the Legal Aid Counsel by appointment letter dated 02.09.2025, which was received by the counsel after few days. Thereafter, the learned counsel has prepared the case and the same caused a delay of 136 days. 4. Mr R J Baruah, learned Additional Public Prosecutor, in his usual fairness, has stated that the revision application challenging the appellate order be heard on merits and has not objected to the prayer made for condonation of delay in the instant application. Page No.# 3/3 5. This Court finds that the grounds narrated in the condonation application are satisfactory and this Court deems it fit to condone the delay of 136 days in preferring the connected criminal revision petition. 6. The Registry is directed to alter the nomenclature of the application filed by the applicant from criminal appeal to criminal revision and correct the same in the CIS system. 7. The Registry is further directed to register the criminal revision petition and list it for admission. 8. Interlocutory Application stands disposed of. JUDGE Comparing Assistant