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Sri Phukan Boro v. the State of Assam

Criminal appeal – Condonation of delay – Section 5, Limitation Act, 1963

Gauhati HC3 May 2026I.A.(Crl.)/430/2026

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What is this about?

Gauhati High Court, order dated 04.05.2026 in I.A.(Crl.)/430/2026 - Sri Phukan Boro v. The State of Assam rep by the PP, Assam (Susmita Phukan Khaund, J.): delay of 478 days in filing the connected criminal appeal condoned under Section 5 of the Limitation Act, 1963; applicant was in jail without legal assistance until legal aid was provided (request received 20.01.2026) via the High Court Legal Services Committee; registry directed to register the appeal; application stands disposed of.

What did the court decide?

Delay of 478 days in filing the connected criminal appeal condoned; registry directed to register the connected appeal; application stands disposed of. ¶33

Sri Phukan Boro Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

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GAHC010078952026

2026:GAU-AS:6050

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

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Case No. : I.A.(Crl.)/430/2026

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SRI PHUKAN BORO

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S/O. LT. DANIRAM BORA, R/O. VILL.- CHOUDHURIPARA (MADHYAPUR), P/S. BOKO, KAMRUP (M), PIN-781123

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MRS. S KHATANIAR,

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Advocate for the Respondent : PP, ASSAM,

Linked Case : EC/0/0

PHUKAN BORO ASSAM

VERSUS

THE STATE OF ASSAM REP BY THE PP ASSAM

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Page No.# 2/3

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-----------Advocate for : MRS SANGEETA KHATANIAR Advocate for : appearing for THE STATE OF ASSAM

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Linked Case : ST.Rev./0/0

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PHUKAN BORO ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP ASSAM

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Advocate for : MRS SANGEETA KHATANIAR Advocate for : appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 04.05.2026

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Learned legal aid counsel Ms. S. Khataniar is present for the applicant, Sri Phukan Boro, who has filed this application under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 478 days in filing the connected criminal appeal.

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2. The learned Additional P.P, Mr. D. P. Goswami is present. He has raised objections stating that the delay is inexplicable.

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3. It is submitted on behalf of the applicant that he was languishing in the jail and a request was received for legal aid assistance for the applicant on 20.01.2026. This led to the delay as the applicant, only on assistance of the legal aid counsel had preferred to file this appeal. I have considered the submissions at the bar with circumspection.

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4. I have considered the fact that the applicant is in the jail and he had no legal assistance and on a

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request from the High Court Legal Services Committee legal assistance was provided.

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5. Thereby, for the interest of justice, delay of 478 days is condoned and the registry is directed to register the connected appeal.

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6. In terms of the above observation, this application stands disposed of.

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JUDGE