The Gauhati High Court condoned a delay of 75 days in filing an appeal against conviction under specific sections of the IPC, allowed the interim application, and directed registration and listing of the connected appeal.
Delay of 75 days condoned; Application allowed; Registry directed to register connected appeal and list it.
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GAHC010042282025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/215/2025
SWMLA BORGOYARY AND 5 OTHERS S/O. KACHIRAM BORGOYARY, VILL.- DAKHINGAON, P/S.RUNIKHATA, DIST.- CHIRANG, ASSAM
2: UKIL BASUMATARY S/O. LT. TOYLA BASUMATARY VILL.- DAKHINGAON P/S.RUNIKHATA DIST.- CHIRANG ASSAM
3: KACHIRAM BORGOYARY S/O. LT. GEBLA BORGOYARY VILL.- DAKHINGAON P/S.RUNIKHATA DIST.- CHIRANG ASSAM
4: PRASENJIT BORGOYARY S/O. LT. ARUN BORGOYARY VILL.- DAKHINGAON P/S.RUNIKHATA DIST.- CHIRANG ASSAM 5: GWSWM WARY W/O. NONDOLAL WARY VILL.- DAKHINGAON P/S.RUNIKHATA DIST.- CHIRANG ASSAM
6: REBEKA WARY W/O. LT. SANSUMA WARY
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VILL.- DAKHINGAON P/S.RUNIKHATA DIST.- CHIRANG ASSA
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
2:RIJAM NARZARY S/O. LT. SARAT NAZARY R/O. VILL.- DAKHINGAON P/S.RUNIKHATA DIST.- CHIRANG ASSA
Advocate for the Petitioner : S K DAS, MR. M BISWAS,J SINGPHO,MR. A TALUKDAR
Advocate for the Respondent : PP, ASSAM, MR SOHAING(R2),MS. E R BAISHYA(R2),MR. J KALITA(R2)
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE NCHUMBEMO MOZHUI
ORDER
14.09.2026
(M. Zothankhuma, J)
Heard Mr. M. Biswas, learned counsel for the applicant, who submits that there is a delay of 75 days in filing the appeal against the conviction of the applicant under Section 120B/448/364/302/34 IPC.
Ms. A. Begum, learned Additional Public Prosecutor and Mr. J. Kalita, learned counsel for the respondent no.2 submit that they have got no objection to the delay being condoned.
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Accordingly, the delay of 75 days is condoned.
Registry to register the connected appeal and list the same.
I.A. is accordingly allowed and disposed of.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 75 days in filing the appeal under Section 120B/448/364/302/34 IPC requires condonation.
SWMLA BORGOYARY AND 5 OTHERS
THE STATE OF ASSAM
MICHAEL ZOTHANKHUMA
NCHUMBEMO MOZHUI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
