Page No.# 1/5 GAHC010005372026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/26/2026 AMZAD ALI SHEIKH S/O LATE SEBAT ALI, R/O BHARALUPAR, KATAHBARI 4 NO. MASZID GALI, P.S- GORCHUK, DIST- KAMRUP (M), ASSAM, PERMANENT ADDRESS- VILL- PANBARI, P.O- PODMERALGA, P.S- FAKIRGANJ, DIST- DHUBRI, ASSAM, PIN- 783330 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:AKBAR ALI S/O LATE HASEN ALI R/O BHARALUPAR KATAHBARI 4 NO. MASZID GALI P.O AND P.S- GORCHUK DIST- KAMRUP (M) ASSAM PIN- 78103 Advocate for the Petitioner : MR. A MOBARAQUE, MR. S P CHITTAWAT Advocate for the Respondent : PP, ASSAM, Linked Case : EC/0/0 AMZAD ALI SHEIKH SO LATE SEBAT ALI Page No.# 2/5 R BHARALUPAR KATAHBARI 4 NO MASZID GALI PS GORCHUK DIST KAMRUP M ASSAM PERMANENT ADDRESS VILL PANBARI PO PODMERALGA PS FAKIRGANJ DIST DHUBRI ASSAM PIN 783330 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:AKBAR ALI SO LATE HASEN ALI RO BHARALUPAR KATAHBARI 4 NO MASZID GALI PS AND PO GORCHUK DIST KAMRUP M ASSAM PIN 781035 ------------ Advocate for : MR ABDUL MOBARAQUE Advocate for : appearing for THE STATE OF ASSAM Linked Case : ST.Rev./0/0 AMZAD ALI SHEIKH SO LATE SEBAT ALI RO BHARALUPAR KATAHBARI 4 NO MASZID GALI PS GORCHUK DIST KAMRUP M ASSAM PERMANENT ADDRESS VILL PANBARI PO PODMERALGA PS FAKIRGANJ DIST DHUBRI ASSAM Page No.# 3/5 PIN 783330 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:AKBAR ALI SO LATE HASEN ALI RO BHARALUPAR KATAHBARI 4 NO MASZID GALI PS GORCHUK DIST KAMRUP M ASSAM PIN 781035 ------------ Advocate for : MR ABDUL MOBARAQUE Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 21.01.2026 [Manish Choudhury, J] Heard Mr. T. T. Moni on behalf of Mr. A. Mobaraque, learned counsel for the appellant/applicant; and Ms. B. Bhuyan, learned Senior Counsel & learned Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the opposite party-respondent No. 1, State of Assam. This instant application is preferred under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 18 days in filing the accompanying criminal appeal. The appellant/applicant has preferred the accompanying criminal appeal against Page No.# 4/5 a Judgment dated 11.09.2025 and an Order of sentence dated 24.09.2025 passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Kamrup (M) (‘The Special Court’ for short) in Sessions Special Case no. 221/2024. By the said Judgment and Order dated 11.09.2025 and 24.09.2025, the accused appellant/applicant has been convicted for the offences under Section 4(2) of the POCSO Act and Section 65(1) of the BNS, 2023. For the offence under Section 4(2), the appellant/applicant has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 20,000/-, with default stipulation. We have gone through the statements and averments made in the instant application, more particularly, Paragraphs-4 & 5, thereof. Having gone through the same, we are of the considered view that the appellant/applicant has been able to show sufficient cause for the period of delay. Further, this Court is of the considered view that since the appellant/applicant has been sentenced to undergo rigorous imprisonment for life, interest of justice would also be better sub-served if the accompanying criminal appeal is heard on merits. The learned Senior Counsel & Additional Public Prosecutor for the State has submitted in similar lines. As the appellant/applicant has been able to show sufficient cause, we are of the view that this application can be considered dispensing with the procedure of issuing notice to the opposite party-respondent No. 2 at this stage as the accompanying criminal appeal will be heard on merits only after ensuring service of notice to the opposite party-respondent No. 2. Accordingly, the instant application is allowed condoning the aforesaid period of delay. Page No.# 5/5 The Registry to register the accompanying criminal appeal and thereafter, list for admission. JUDGE JUDGE Comparing Assistant