Gauhati High Court
IA(Crl)/35/2026 of Namit Sharma Vs The State of AP on 25 May 2026
GAHC040007502026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/35/2026 Namit Sharma Son of Shri Ashok Sharma, resident of Balar, new Adarsh Colony, PS Balar, Sikar District, Rajasthan 33240 VERSUS The State of AP
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GAHC040007502026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : IA(Crl)/35/2026
Namit Sharma
Son of Shri Ashok Sharma, resident of Balar, new Adarsh Colony, PS Balar, Sikar District, Rajasthan 33240
VERSUS
The State of AP
represented by the PP of AP
Advocate for the Petitioner : Gautam Phukan, Advocate for the Respondent : P P of AP, BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
HONOURABLE MR. JUSTICE BUDI HABUNG
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ORDER
Date : 26-05-2026 (Kardak Ete, J.)
Heard Mr. G. Phukan, learned counsel for the applicant/appellant and Ms. L. Hage, learned Additional Public Prosecutor for the State.
2. This is an application under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 5 (five) days in preferring the accompanying criminal appeal against the judgment and order dated 10.03.2026 passed by the learned Page No.# 2/2 Sessions Judge, Yupia in Sessions Case No. 49/2017 whereby the appellant has been convicted and sentenced to undergo imprisonment for life with a fine of Rs. 10,000/- under Section 302 read with Section 34 of the IPC, rigorous imprisonment for 10 years with a fine of Rs. 5,000/- under Section 392 read with Section 34 of the IPC and rigorous imprisonment for 3 years with a fine of Rs. 5,000/- under Section 301 read with Section 34 of the IPC with default stipulations.
3. Perused the explanation for delay in filing the appeal.
4. We are satisfied that the applicant/appellant has satisfactorily explained the cause of delay of 5 (five) days in filing the criminal appeal within the limitation period. Thus, we deem it appropriate to condone the delay of 5 (five) days in filing the connected criminal appeal.
5. The delay of 5 (five) days stands condoned, accordingly.
6. The interlocutory application stands disposed of.
JUDGE JUDGE Comparing Assistant