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2026 DAILYLAW 5384 (GAU)

SRI PHUKAN BORO v. THE STATE OF ASSAM

I.A.(Crl.)/430/2026 · 2026-05-03

Susmita Phukan Khaund

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010078952026 2026:GAU-AS:6050 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/430/2026 SRI PHUKAN BORO S/O. LT. DANIRAM BORA, R/O. VILL.- CHOUDHURIPARA (MADHYAPUR), P/S. BOKO, KAMRUP (M), PIN-781123 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MRS. S KHATANIAR, Advocate for the Respondent : PP, ASSAM, Linked Case : EC/0/0 PHUKAN BORO ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Page No.# 2/3 ------------ Advocate for : MRS SANGEETA KHATANIAR Advocate for : appearing for THE STATE OF ASSAM Linked Case : ST.Rev./0/0 PHUKAN BORO ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MRS SANGEETA KHATANIAR Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04.05.2026 Learned legal aid counsel Ms. S. Khataniar is present for the applicant, Sri Phukan Boro, who has filed this application under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 478 days in filing the connected criminal appeal. 2. The learned Additional P.P, Mr. D. P. Goswami is present. He has raised objections stating that the delay is inexplicable. 3. It is submitted on behalf of the applicant that he was languishing in the jail and a request was received for legal aid assistance for the applicant on 20.01.2026. This led to the delay as the applicant, only on assistance of the legal aid counsel had preferred to file this appeal. I have considered the submissions at the bar with circumspection. 4. I have considered the fact that the applicant is in the jail and he had no legal assistance and on a Page No.# 3/3 request from the High Court Legal Services Committee legal assistance was provided. 5. Thereby, for the interest of justice, delay of 478 days is condoned and the registry is directed to register the connected appeal. 6. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant