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2026 DAILYLAW 4284 (GAU)

SRI KHEDNA KARMAKAR v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/251/2026 · 2026-03-10

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/2 GAHC010044932026 2026:GAU-AS:3584 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/251/2026 SRI KHEDNA KARMAKAR S/O LATE BUDHUWA KARMAKAR, R/O VILL. BOLAIPAM, P.O. RATANPUR, P.S. JONAI, DIST. DHEMAJI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:JONALI KARMAKAR W/O LATE DIPANKAR KARMAKAR R/O VILL. BALAIPAM UNDER P.S. JONAI DIST. DHEMAJI ASSAM Advocate for the Petitioner : MR. R S MISHRA, MS. M DEY,MS B SARMA,MR. J P MORE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-03-2026 Heard Ms. M. Dey, the learned counsel for the petitioner. Also heard Mr. P. Page No.# 2/2 Borthakur, the learned Addl. PP appearing on behalf of State respondent. 2. This is an application u/s 5 of the Limitation Act praying for condoning of delay of 27 days in filing the connected appeal against the judgment and order dated 04.12.2025 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 16/2025 convicting and sanctioning the appellant to undergo R.I. for 7 years and to pay a fine of Rs. 5,000/- with default stipulation for the offence punishable u/s 304 Para-I IPC. 3. It is submitted by Ms. Dey that due to delay in consulting with the counsel through the local Advocate it took some time and thus there was delay of 27 days in preferring the appeal. But, there was no laches or negligence on the part of the present applicant/appellant in preferring the appeal with a delay of 27 days. 4. Mr. Borthakur, the learned Addl. PP raised no objection and submitted that the State has no objection if the delay of 27 days is condoned. 5. In view of above and considering the grounds mentioned in the petition to be reasonable ground, the prayer for condoning the delay of 27 days is hereby allowed. In view of this, the petition stands allowed, delay of 27 days is condoned. 6. Registry will do the needful in registering the connected appeal and matter may be listed after registering and numbering. 7. With the above observations, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant