Gauhati High Court
I.A.(Crl.)/1014/2026 of SRI DIMBESWAR BAISHYA @ HARIHAR Vs THE STATE OF ASSAM AND ANR on 8 October 2026
GAHC010215882026 2026:GAU-AS:15288 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1014/2026 SRI DIMBESWAR BAISHYA @ HARIHAR SON OF LATE UMESH BAISHYA, RESIDENT OF VILLAGE- SARIATALI MILANPUR, P.S.- RAHA, IN THE DISTRICT OF NAGAON,
GAHC010215882026
2026:GAU-AS:15288
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1014/2026
SRI DIMBESWAR BAISHYA @ HARIHAR
SON OF LATE UMESH BAISHYA, RESIDENT OF VILLAGE- SARIATALI
MILANPUR, P.S.- RAHA, IN THE DISTRICT OF NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE P.P., ASSAM
2:SMTI. AJANTA BAISHYA
WIFE OF SRI DIMBESWAR BAISHYA
RESIDENT OF VILLAGE SARIATOLI
MILANPUR
P.S. RAHA
IN THE DISTRICT OF NAGAON
ASSA
Advocate for the Petitioner : MR. P BORAH, MRS K M SAIKIA
Advocate for the Respondent : PP, ASSAM, Linked Case : ST.Rev./0/0
SRI DIMBESWAR BAISHYA ALIAS HARIHAR
SON OF LATE UMESH BAISHYA RESIDENT OF VILLAGE SARIATALI
MILANPUR PS RAHA DISTRICT NAGAON ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
PP ASSAM
2:SMTI AJANTA BAISHYA
WIFE OF SRI DIMBESWAR BAISHYA RESIDENT OF VILLAGE SARIATOLI
MILANPUR PS RAHA DISTRICT NAGAON ASSAM
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Advocate for : Krishna Moni Saikia
Advocate for : appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
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ORDER
09.10.2026
1. Heard Mr. P. Borah, learned counsel appearing for the applicant. Also heard Mr. D.P. Goswami, learned APP appearing for the State of Assam.
2. The applicant has prayed for condonation of the delay of 5 (five) days in filing the connected criminal appeal. The applicant seeks to challenge the judgment and order dated 09.06.2026 passed by the learned Additional Sessions Judge No. 3, Nagaon, Assam in Sessions (T-2) Case No. 178 (N)/2016 whereby the applicant was convicted under Section 489A of the IPC and sentenced to undergo simple imprisonment for a period of 2 (two) years along with fine and default stipulation.
3. The learned counsel appearing for the applicant submits that the reasons for the delay have been explained in the petition. It is stated that after the judgment and order was passed the applicant faced severe financial constraints and was unable to travel to Guwahati to file the criminal appeal. Subsequently, upon arranging the requisite funds the applicant engaged counsel to prepare and file the connected criminal appeal. However, the engaged counsel suddenly fell ill while preparing the appeal which ultimately resulted in a delay of 5 (five) days in filing the same. The learned counsel however submits that reckoned from the date of receipt of the certified copy of the judgment there is, in fact, no delay in filing the criminal appeal. Nevertheless, by way of abundant caution the applicant has sought condonation of the delay.
4. This Court is satisfied with the reasons assigned in the application. More particularly, considering that the question of condonation of delay concerns the Court and the party seeking such condonation, this Court condones the delay of 5 (five) days in preferring the connected criminal appeal.
5. The interlocutory application stands disposed of.
6. The Registry is directed to register the criminal appeal and list the same for admission. JUDGE Comparing Assistant