Page No.# 1/4 GAHC010138042026 2026:GAU-AS:9744 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/698/2026 MOSTAFIJUR RAHMAN @ MATU AND ANR S/O LT. MOKSED ALI, R/O VILL- ADABARI PT. II, P.O.- CHAGALCHARA, P.S.- DHUBRI, DIST- DHUBRI (ASSAM)- 783324 2: MOINUL HOQUE @ KHUTA S/O LT. MOKSED ALI R/O VILL- ADABARI PT. II P.O.- CHAGALCHARA P.S.- DHUBRI DIST- DHUBRI (ASSAM)- 78332 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MD. AZIZUR RAHMAN S/O-LT. TAMIJ UDDIN SK. VILLAGE-CHAGALCHARA PT.III P.S. AND DIST.- DHUBRI ASSAM PIN-783324 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. T ISLAM,MR. K ALOM,MD. A HUSSAIN Advocate for the Respondent : PP, ASSAM, Linked Case : EC/0/0 Page No.# 2/4 MOSTAFIJUR RAHMAN ALIAS MATU S/O- LT. MOKSED ALI 2: MOINUL HOQUE ALIAS KHUTA S/O-LT. MOKSED ALI BOTH ARE RESIDENTS OF VILLAGE- ADABARI PT. II P.O. CHAGALCHARA P.S. DHUBRI DIST. DHUBRI ASSAM PIN- 783324 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. 2:MD AZIZUR RAHMAN S/O-LT. TAMIJ UDDIN SK. VILLAGE-CHAGALCHARA PT.III P.S. DIST. DHUBRI ASSAM PIN-783324. ------------ Advocate for : MD. AMIL HUSSAIN Advocate for : appearing for THE STATE OF ASSAM Linked Case : ST.Rev./0/0 MOSTAFIJUR RAHMAN ALIAS MATU S/O- LT. MOKSED ALI 2: MOINUL HOQUE ALIAS KHUTA S/O-LT. MOKSED ALI BOTH ARE RESIDENTS OF VILLAGE- ADABARI PT. II P.O. CHAGALCHARA P.S. DHUBRI DIST. DHUBRI ASSAM PIN- 783324 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. 2:MD AZIZUR RAHMAN S/O-LT. TAMIJ UDDIN SK. VILLAGE-CHAGALCHARA PT.III P.S. DIST. DHUBRI ASSAM PIN-783324. Page No.# 3/4 ------------ Advocate for : MD. AMIL HUSSAIN Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 16.07.2026 Learned counsel, Mr. A. Hussain is present for the applicants/appellants. 2. Mostafijur Rahman @ Matu and Moinul Hoque @ Khuta have preferred this appeal as they have been convicted under Section 304 Part-I of IPC, R/W Section 149 of the IPC to undergo Rigorous Imprisonment (R.I) for 8(eight) years and to pay a fine of Rs.10,000/- with default stipulation in connection with Sessions Case No.31/2013 vide judgment and order dated 24.02.2026, passed by the learned Additional Sessions Judge, Dhubri. 3. It is submitted on behalf of the applicants/appellants that the applicants are behind bars and were unable to contact their engaged counsel. It was further submitted that they were also suffering from financial constraints, which prevented them from immediately preferring the appeal against the impugned judgment. 4. The cause of delay has been satisfactorily explained. Sufficient grounds have been shown. No mala fide is discernible on the part of the applicants/appellants. Accordingly, the delay of 62 days is hereby condoned. 5. Registry to register the connected appeal. Page No.# 4/4 6. The I.A stands disposed of accordingly. JUDGE Comparing Assistant