Page No.# 1/3 GAHC010229122025 2026:GAU-AS:6966 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1195/2025 GUNADHAR MALO DAS S/O. SRI BOLURAM MALO DAS, RESIDENT OF BORBHAGIA, BORSOLA, POLICE STATION DHEKIAJULI, DISTRICT SONITPUR, ASSAM, PIN 784110 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:PUJA MALO DAS W/O. SRI SUMAL MALO DAS RESIDENT OF VILLAGE BORSOLA PS DHEKIAJULI DISTRICT SONITPUR ASSAM PIN 78411 Advocate for the Petitioner : MS A DAS, MS. L WANGSA,U BHARADWAJ,MR. M J BHATTACHARYYA,MR. T DEURI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20.05.2026 1. Learned Counsel Mr.T. Deuri is present for the applicant/appellant. Mr. Page No.# 2/3 K.K.Parashar, learned Addl.Public Prosecutor is present for the respondent State. None appears for the respondent No.2. 2. Office note dated 06.05.2026 indicates that notice on respondent No.2 has been served. 3. Ms. T. Parashar is appointed as Amicus Curiae to represent respondent No.2. 4. The applicant has filed this interlocutory application u/s 5 of the Limitation Act for condoning delay of 98 days in filing the connected criminal appeal against the Judgment and Order dated 08.05.2025 passed in connection with Special (POCSO) Case No.60/2022. 5. The applicant has stated that his wife was not well and as he was busy in attending his wife, there was delay in collecting documents for which he has preferred the instant application. 6. I have considered the submissions at the Bar. 7. The delay has been properly explained. No malafide is discernible from the conduct of the applicant/ appellant. 8. Considering the above, the delay of 98 days is hereby condoned. 9. Registry to register the connected criminal appeal and reflect the name of Ms. T. Parashar as the Amicus Curiae for respondent No.2 in the Cause List. 10. The interlocutory application stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant