Allowed¶28

The State of Assam v. Farjul Islam

Gauhati HC5 May 2026Bail Appln./145/2026

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 Limitation Act; 680 days delay; State of Assam appeal against acquittal; Criminal Leave Petition Crl.L.P./3/2026; linked I.A.(Crl.)/145/2026; acquittal dated 24.01.2024 by Additional Sessions Judge cum Special Judge POCSO Kamrup (Metro) Guwahati; Dy. Commissioner of Police Central Police District letter to Director of Prosecution; respondent Farjul Islam; petition allowed for ends of justice; Registry directed to register appeal.

What did the court decide?

Condonation of delay of 680 days in filing the connected Criminal Appeal and Criminal Leave Petition, with the Registry directed to register and list the appeal reflecting the counsel names. ¶28

The State of Assam Vs Farjul Islam — Gauhati HC (2026) — LawSathi Research

Page No.# 1/4

GAHC010021682026

undefined

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

¶5

Case No. : Crl.L.P./3/2026

¶6

THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.

¶7

VERSUS

¶8

FARJUL ISLAM S/O LATE JAHAN ALI, R/O NAGARBERA, PS- NAGARBERA, DIST KAMRUP. PRESENT ADDRESS R/O CHITRABAN ENCLAVE, P.S. CHANDMARI, DIST. KAMRUP (M).

¶9

Advocate for the Petitioner : MR. B SARMA, ADDL PP,ASSAM

¶10

Advocate for the Respondent : MR. N UDDIN, MR S K CHHETRY

¶11

Linked Case : ST.Rev./0/0

¶12

THE STATE OF ASSAM PP ASSAM GAUHATI HIGH COURT OLD BUILDING

¶13

VERSUS

¶14

FARJUL ISLAM S/O LATE JAHAN ALI R/O- NAGARBERA NEAR LP SCHOOL H/N 198 PS NAGARBERA DIST KAMRUP

¶15

Page No.# 2/4

¶16

-----------Advocate for : BANKIM SARMA Advocate for : appearing for FARJUL ISLAM Linked Case : I.A.(Crl.)/145/2026 THE STATE OF ASSAM REPRESENTED BY PP ASSAM. VERSUS FARJUL ISLAM S/O LATE JAHAN ALI R/O NAGARBERA NEAR LP SCHOOL PS NAGARBERA H/N 198 DIST KAMRUP PRESENT ADDRESS R/O CHITRABAN ENCLAVE P.S. CHANDMARI DIST. KAMRUP (M) -----------Advocate for : MR. B SARMA Advocate for : appearing for FARJUL ISLAM

¶17

BEFORE

¶18

HON’BLE MRS. JUSTICE MITALI THAKURIA

¶19

O R D E R

¶20

Date : 06.05.2026.

¶21

Heard Mr. K.K. Das, the learned Addl. P.P., Assam appearing for the State applicant. Also heard Mr. N. Uddin, learned counsel for the sole respondent.

¶22

This is an application Section 5 of the Limitation Act, praying for condonation of delay of 680 days, in preferring the connected Criminal Appeal as well as the

¶23

Page No.# 3/4

¶24

Criminal Leave Petition.

¶25

It is submitted by Mr. Das, the learned Addl. P.P., Assam that the impugned judgment and order was passed on 24.01.2024 by the learned Additional Sessions Judge cum Special Judge, POCSO, Kamrup (Metro) at Guwahati and thereafter, a letter was communicated to the Director of Prosecution, Assam by the Dy. Commissioner of Police, Central Police District, Guwahati to prefer an appeal against acquittal. After issuance of the letter by the Dy. Commissioner of Police, Central Police District, Guwahati, there had to be some other communication with the Public Prosecutor and other officials for discussion about filing an appeal against the order of acquittal passed by the learned Additional Sessions Judge cum Special Judge, POCSO, Kamrup (Metro).

¶26

To observe those official formalities and to preparing the connected appeal as well as the leave petition, it took some time and there was a delay of 680 days in preferring the connected appeal. However, there is no intentional negligence on the part of the State applicant in preferring the connected appeal and only in observing some official formalities and preferring the appeal, it took time and the appeal had to be preferred with a delay of 680 days.

¶27

Mr. Uddin, the learned counsel for the sole respondent submitted in this regard that there is no specific mention about the day to day delay in preferring the connected appeal. However, he submitted that the official formalities may take some time in preferring the appeal.

¶28

Considering the submissions made by learned counsel for both sides and also for the ends of justice, the present petition is allowed condoning the delay of 680 days in filing the connected Criminal Appeal as well as the Criminal Leave Petition.

¶29

Page No.# 4/4

¶30

The Registry is accordingly directed to register the appeal and list the same accordingly, reflecting the name of the learned counsel for the parties in the cause list as well as in the case record.

¶31

This Interlocutory Application stands disposed of accordingly.

¶32

JUDGE

¶33

Comparing Assistant

The State of Assam v. Farjul Islam

Case brief

What is this about?

What did the court decide?

The State of Assam v. Farjul Islam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Riazul Hussain Vs the State of Assam

Tashir Alias Tashiruddin Seikh and Anr. Vs the State of Assam

Sophil Ali Vs the State of Assam

Fulbanu Bibi Vs the State of Assam

Abdul Haque Alias Abdullah and Anr. Vs the State of Assam

Chinmoy Nath Vs the State of Assam