HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL APPEAL DEFECTIVE U/S 374 CR.P.C. No. - 523 of 2011 Petitioner :- Faizal Respondent :- State Of U.P. Petitioner Counsel :- J.S. Malviya Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the appellant and the learned AGA and perused the material on record.
The learned AGA declined to file counter affidavit.
It was submitted on behalf of the appellant that the appellant was in jail and there was none to make arrangement of finances for bearing expenses of the appeal as and when the arrangement was made, the appellant filed the 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 25th August 2011 as fresh for hearing on the point of admission.
Order Date :- 17.8.2011 shailesh