HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 519 of 2022
Monu @ Bhuneshwar Nishad Versus State Of Chhattisgarh
13-06-2022 Mr. H.A.P.S. Bhatia, counsel for the appellants.
Mr. Ashish Tiwari, GA for the State/respondent.
Heard on IA No. 01/2022 application for condonation of delay. The appeal preferred by the appellants since barred by 2270 days.
Learned counsel for the appellants submit that the appellants are poor persons, they are in jail since 17.12.2014 and on account of the illiteracy they were not aware about the settled legal position to file an appeal against the judgment impugned and therefore, the appeal could not be preferred in time.
On the other hand, learned State counsel opposes the application. Taking into consideration the grounds mentioned in the memo of appeal particularly considering the fact that the appellants are in jail since 17.12.2014, we are inclined to condone the delay in filing the appeal.
Accordingly, delay in filing the appeal is condoned. The appeal is admitted for hearing.
State counsel would accept notice on behalf of the respondent. Reply has already been filed on behalf of the State. Paper book has also been prepared.
List it after three weeks.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sachin Singh Rajput)
Judge Judge
Pawan