Page No.# 1/3 GAHC010052302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/298/2026 MD FAKIRCHAND ALI SON OF MD. BADSHAH ALI,RESIDENT OF VILLAGE- NO.2KHOPANIKUCHI UNDER HAJOPOLICE STATION IN THE DISTRICT OF KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTEDBY P.P., ASSAM Advocate for the Petitioner : MR. U CHOUDHURY, Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 MD FAKIRCHAND ALI SON OF MD. BADSHAH ALI RESIDENT OF VILLAGE- NO.2KHOPANIKUCHI UNDER HAJOPOLICE STATION IN THE DISTRICT OF KAMRUP ASSAM VERSUS THE STATE OF ASSAM REPRESENTEDBY P.P. Page No.# 2/3 ASSAM ------------ Advocate for : UJJAL CHOUDHURY Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 23-03-2026 (S.K.Medhi,J) Heard Shri U. Choudhury, learned Legal Aid Counsel for the applicant who has filed this application under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 201 days in preferring the connected appeal. The appeal has been preferred against the Judgement and Order dated 23.06.2025 passed by the Court of the Sessions Judge, Kamrup, Amingaon in Sessions Case no. 220/2014 convicting the accused /appellant under Section 302 of the IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- in default of payment of fine, to undergo rigorous imprisonment for 6 (six) months under section 302 IPC. Shri U. Choudhury, the learned Legal Aid Counsel has submitted that there were sufficient reasons for which the appeal could not be presented in time. In this regard, he has drawn the attention of this Court to the averments made in Para 5 of the application. Ms. A. Begum, learned Additional PP, Assam has submitted that she would not have serious objections in the aspect of condonation of delay and she would rather contest the appeal on its merits. The law governing the aspect of condonation of delay is well settled, Page No.# 3/3 wherein there is a requirement of taking a pragmatic and justice oriented approach. Considering the causes shown in paragraph 5 and also the fact that the appeal has been preferred from the jail through the Legal Aid counsel, we are of the considered opinion that the delay of 201 days in preferring the connected appeal be condoned, which we accordingly do. IA stands allowed. Let the appeal be registered and listed for admission. JUDGE JUDGE Comparing Assistant