Page No.# 1/3 GAHC010287452025 2026:GAU-AS:9743 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/697/2026 DIGANTA RABHA S/O MOHAN RABHA, R/O VILL- CHAMUAGAON, P.S.- ORANG, DIST- UDALGURI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S BISWAS (LEGAL AID COUNSEL), Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0 Diganta Rabha Vill-Chamuagaon P.S.-Orang District-Udalguri Assam VERSUS The State of Assam Represented by PP Page No.# 2/3 Assam ------------ Advocate for : DEEPSIKHA DEVI Advocate for : appearing for The State of Assam Linked Case : EC/0/0 Diganta Rabha Vill-Chamuagaon P.S.-Orang District-Udalguri Assam VERSUS The State of Assam Represented by PP Assam ------------ Advocate for : DEEPSIKHA DEVI Advocate for : appearing for The State of Assam BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 16.07.2026 Learned Legal Aid Counsel, Mr. S. Biswas is present for the applicant and prays for condonation of delay of the connected appeal preferred by the applicant, Diganta Rabha. 2. The applicant has been convicted under Section 304 Part-II of the IPC to undergo Rigorous Imprisonment (R.I) for 10(ten) years and to pay a Page No.# 3/3 fine of Rs.2000/- and in default of payment of fine to suffer Simple Imprisonment (S.I) for 1(one) month in connection with Sessions Case No.32/2022, passed by the learned Additional Sessions Judge, Udalguri. 3. It is submitted on behalf of the applicant/appellant that the applicant could not prefer the appeal within time as he is in the Jail. 4. I have considered the submission that this is an appeal from the Jail and the cause of delay has been sufficiently explained. No mala fide is discernible on the part of the applicant/appellant. Accordingly, the delay of 145 days is hereby condoned. 5. Registry to register the connected appeal. 6. The I.A stands disposed of accordingly. JUDGE Comparing Assistant