Chenai Changmai Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

Chenai Changmai Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay of 51 days in filing the accompanying criminal appeal; Registry directed to register the criminal appeal and thereafter to list the appeal for admission.

Issue for consideration

Whether the delay of 51 days in filing the accompanying criminal appeal should be condoned under Section 5 of the Limitation Act, 1963, i.e., whether sufficient cause for the delay has been shown. +1 more

Court's answer

The applicant-appellant has been able to explain the period of delay of 51 days, showing sufficient cause.

Ratio / Principle

Since the applicant-appellant has been sentenced to undergo rigorous imprisonment for six years, interest of justice will be better subserved if the appeal is heard on merits leaving aside the technical aspects as regards the delay.

Key takeaways

The application seeking condonation of delay of 51 days in filing the accompanying criminal appeal is allowed.ratio¶23
Service of notice upon the opposite party-respondent no. 2/informant can be dispensed with at this stage, as the question of delay is to be considered on the backdrop of the explanation provided for the delay.ratio¶22
The accompanying criminal appeal, if admitted, is to be heard on merits only after ensuring service of notice upon the victim/informant/guardian/support person.ratio

Detailed headnote1 paragraphs

Gauhati High Court (Manish Choudhury, J.), order dated 04.08.2025 in I.A.(Crl.)/825/2025, Chenai Changmai v. State of Assam & Anr.: An application under Section 5 of the Limitation Act, 1963 for condonation of 51 days' delay in filing a criminal appeal under Section 415 of the BNSS, 2023 (against the Trial Court judgment, printed date '26.03.205', in which the applicant was sentenced to six years' rigorous imprisonment) was allowed. The Court found the delay sufficiently explained: after the Trial Court judgment the papers were forwarded from the Jail Authorities to the District Legal Services Authority, and the Gauhati High Court Legal Services Committee (Principal Seat), Guwahati appointed Legal Aid Counsel only by Office Letter dated 03.06.2025. With the applicant in custody serving a six-year sentence, the Court held the appeal ought to be heard on merits leaving aside technical aspects of delay. Notice to respondent no. 2/informant (Lipsaya Phukan Sarma) was dispensed with at this stage, but the appeal, if admitted, is to be heard on merits only after ensuring notice upon the victim/informant/guardian/support person. The Registry was directed to register the criminal appeal and list it for admission.

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GAHC010155742025

2025:GAU-AS:10172

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Crl.)/825/2025

CHENAI CHANGMAI

SON OF LATE LOHIT CHANGMARI , R/O VILLAGE NO 1 SILI, SILAPATHAR, DIST. DHEMAJI, ASSAM

VERSUS

THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP ASSAM

2:LIPSAYA PHUKAN SARMA WIFE OF UNKNOWN RESIDENT OF VILLAGE NO 1 SILI SILAPATHAR DIST. DHEMAJI ASSA

Advocate for the Petitioner : MS B R A SULTANA, FOR LEGAL AID

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

04.08.2025

Heard Ms. B.R.A. Sultana, learned counsel for the applicant-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party no. 1-respondent State of

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Assam.

The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 51 days, which period of delay is stated to have occurred in filing the accompanying criminal appeal under Section 415 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023.

It is noticed that after the Judgment was passed and delivered on 26.03.205 by the learned Trial Court, the matter was forwarded from the Jail Authorities to the District Legal Services Authority. Finally, the Gauhati High Court Legal Services Committee [Principal Seat], Guwahati vide Office Letter dated 03.06.2025 had appointed the Legal Aid Counsel to prefer the accompanying criminal appeal.

Having gone through statements and averments made in this application regarding the period of delay in filing the connected appeal, this Court is of the considered view that the applicantappellant has been able to explain the period of delay of 51 days showing sufficient cause. Moreover, as the applicant-appellant has been sentenced to undergo rigorous imprisonment for six years, interest of justice will be better subserved if the appeal is heard on merits leaving aside the technical aspects as regards the delay.

The Court is also of the considered view that service of notice upon the opposite partyrespondent no. 2/informant can be dispensed with at this stage, as the matter of delay is an aspect which is to be considered by the Court on the backdrop of explanation provided for the delay. In any view of the matter, the accompanying criminal appeal, if admitted, is to be heard on merits only after ensuring service of notice upon the victim/informant/guardian/support person.

For the afore-stated reasons, the instant application seeking condonation of delay of 51 days in filing the accompanying criminal appeal is allowed.

The Registry to register the criminal appeal and thereafter to list the appeal for admission.

JUDGE

Comparing Assistant