Gauhati High Court
I.A.(Crl.)/755/2026 of BITTU SAHA Vs THE STATE OF ASSAM AND ANR. on 30 July 2026
GAHC010126322026 2026:GAU- AS:10551-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/755/2026 BITTU SAHA S/O. BALAN SAHA, R/O. LAL GANESH, NEAR BARSAPARA STADIUM, P/O. FATASIL AMBARI, P/S. FATASIL AMBARI, GHY, KAMRUP M, ASSAM VERSUS
GAHC010126322026
2026:GAU-
AS:10551-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/755/2026
BITTU SAHA
S/O. BALAN SAHA, R/O. LAL GANESH, NEAR BARSAPARA STADIUM, P/O.
FATASIL AMBARI, P/S. FATASIL AMBARI, GHY, KAMRUP M, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:INDRANI DEBNATH
D/O. MR DILIP DEBNATH
R/O. HOUSE NO 15
BHASKAR NAGAR
EKTA PATH
P/S. FATASIL AMBARI
KAMRUP M
BIKASH NAGAR
NAMGHAR PATH
HOUSE NO 18
BASISTHA
P/S. BASISTHA
DIST. KAMRUP M
ASSAM
PIN 78103
Advocate for the Petitioner : A BHARADWAJ, MR. A DAS,MS. B CHETRY,MS Z ANJUM,MR.
M K DAS,MR B S CHOWDHURY
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
31.07.2026 (Nelson Sailo, J) Heard Mr. M.K. Das, learned counsel for the applicant, who submits that, by filing this application, the applicant seeks condonation of 624 days of delay in filing the connected appeal against the judgment and order dated 03.08.2024 and the order of sentence dated 07.08.2024, passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (Metro), Guwahati, in Sessions (Special) Case No. 45/2023.
2. Referring to the application, the learned counsel submits that the applicant was of the impression that an appeal had already been filed against the order of his conviction and sentence. But later on came to know that no such appeal has been filed and therefore the said delay.
3. The learned counsel also submits that, by the impugned judgment and order, three persons have been convicted including the instant applicant and the other two persons had already filed the appeal which is pending before this Court, namely, Crl.A. No. 340/2024 and Crl.A. No. 332/2024.
4. He, therefore, submits that, since the appeals filed by the co-accused persons, who were convicted by the same judgment and order is already pending for consideration, the delay in filing the instant appeal may also be condoned.
5. Mr. R.R. Kaushik, learned Addl. P.P submits that considering the fact that two appeals are already pending, arising out of the same case, the Court may consider the same and pass an appropriate order as it deems fit and proper.
6. Having heard the learned counsels for the parties and having regard to the fact that two appeals are already pending for consideration, we are inclined to condone the delay.
7. Accordingly, the delay of 624 days in filing the connected appeal stands condoned.
8. I.A. is disposed of, as allowed.
9. In view of the above, the Registry shall register the connected Criminal Appeal and list the same along with Criminal Appeal No. 340/2024 and Criminal Appeal No. 332/2024.
JUDGE JUDGE Comparing Assistant