State Of J&K vs Mohd. Khalil And Ors

Citation : 2023 Latest Caselaw 341 j&K
Judgement Date : 22 February, 2023

Jammu & Kashmir High Court
State Of J&K vs Mohd. Khalil And Ors on 22 February, 2023
                                                                         Sr. No. 13


    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU

                                                      SLA No. 91/2015
                                                      in
                                                      CONCR No. 77/2015
State of J&K                                       .....Appellant(s)/Petitioner(s)

q
                        Through: Mr. Bhanu Jasrotia, GA
                 vs
Mohd. Khalil and ors.                                           ..... Respondent(s)
                        Through: None


Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                   ORDER

CONCR No. 77/2015 This is an application seeking condonation of delay in filing the appeal against the judgment of acquittal dated 23.12.2013.

There is a delay of 489 days in filing the appeal. As per the application, upon receipt of copy of the impugned judgment, record of the case was examined and processed at different levels. Thereafter, matter was sent to the Law Department for examining the judgment in the light of the record. Vide order dated 28.05.2014, the Law Department granted sanction for filing an appeal against the impugned judgment and immediately thereafter, the Government counsel was approached for drafting of the appeal and accordingly, the appeal was filed on 28.07.2015.

As per record, sanction for filing the appeal against the judgment was granted by the Law Department vide its order dated 28.05.2014. Thereafter, corrigendum was issued on 25.06.2015. There is no rebuttal to the averments made in the application and the record produced by the petitioner. 2 SLA No. 91/2015

in CONCR No. 77/2015 In view of the above, the delay in filing the appeal has been sufficiently explained, as such, the same is condoned.

The application is disposed of.

SLA No. 91/2015 List for consideration on 28.04.2023.

(SANJAY DHAR) JUDGE Jammu 22.02.2023 Neha