Page No.# 1/4 GAHC010082562025 2026:GAU-AS:14292 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/428/2025 BECHULAL MUNDARI S/O. LT. BIRSA MUNDARI, R/O. NO. 3 TONGANI HUNJAN, P/S. PHILLOBARI, DIST. TINSUKIA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM. 2:SONITA BHUMIJ W/O. LT. AJOY BHUMIJ R/O. TENGONI GAON P/S. PHILLOBARI DIST. TINSUKIA ASSAM Advocate for the Petitioner : MR. S BISWAS (LEGAL AID COUNSEL), Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 Bechulal Mundari No.3 Tongani Hunjan P.S-Phillobari District-Tinsukia Assam VERSUS Page No.# 2/4 The State of Assam Represented by PP Assam 2:Sonita Bhumij Tengoni Gaon P.S.-Phillobari District-Tinsukia Assam ------------ Advocate for : DEEPSIKHA DEVI Advocate for : appearing for The State of Assam Linked Case : EC/0/0 Bechulal Mundari No.3 Tongani Hunjan P.S.- Phillobari District-Tinsukia Assam VERSUS The State of Assam Represented by PP Assam 2:Sonita Bhumij Tengoni Gaon PS-Phillobari District-Tinsukia Assam ------------ Advocate for : DEEPSIKHA DEVI Advocate for : appearing for The State of Assam Page No.# 3/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.09.2026 1. Heard Ms. B. Devi, learned counsel on behalf of Mr. S. Biswas, learned Legal Aid Counsel appearing for the applicant. Also heard Mr. R.J. Baruah, learned APP appearing for the State of Assam and Ms. S. Khataniar, learned Amicus Curiae appearing for the respondent No.2. 2. This is an application under Section 5 of the Limitation Act, seeking condonation of delay of 195 days in preferring the connected criminal appeal. 3. The learned counsel appearing for the applicant submits that the reasons for delay have been explained in paragraphs 3 and 4 of the instant application. It is stated that after the judgment and order dated 16.07.2024 was passed the brief was handed over to the learned Legal Aid Counsel attached to the Office of the Legal Services Committee, Gauhati High Court only on 21.03.2025 by which time some delay had already occurred. It is further stated that the learned Legal Aid Counsel thereafter took some time to prepare the case and formulate the grounds of appeal and eventually filed the appeal resulting in a delay of 195 days. 4. Ms. S. Khataniar, learned Amicus Curiae appearing for the respondent No. 2 submits that there has been a considerable delay in filing the criminal appeal. However, she submits that the appeal may be heard on its merits in the interest of justice to all the parties. 5. Upon consideration of the grounds stated in the application, this Court is satisfied that sufficient cause has been shown for the delay. Accordingly, the Page No.# 4/4 delay of 195 days in filing the connected criminal appeal is hereby condoned. 6. The I.A. stands disposed of. 7. The Registry is directed to register the criminal appeal and list the same for admission. JUDGE Comparing Assistant