HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL DEFECTIVE U/S 374 CR.P.C. No. - 495 of 2011 Petitioner :- Ghanshyam And Another Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and the learned AGA and perused the material on record.
The delay in filing the appeal is reported to be of nine days.
It was submitted on behalf of the appellant that the appellant being a poor person could not make arrangement of the expenses for filing the appeal. When he made the arrangement of money, filed the instant appeal without any further delay.
In my opinion the appellant has shown sufficient cause for the delay in filing the appeal.
The condonation application is allowed.
The delay in filing the appeal is condoned and the appeal is treated to have been filed in time. The office is directed to register the appeal on regular side.
Put up on 17.08.2011 as fresh for hearing on the point of admission.
Order Date :- 4.8.2011 shailesh