Kannauji Lal vs State Of U.P.
2011 Latest Caselaw 3784 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL DEFECTIVE U/S 374 CR.P.C. No. - 520 of 2011
 

 
Petitioner :- Kannauji Lal
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ved Prakash Pandey
 
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.

With the consent of both the parties, this delay condonation application is being disposed of.

It was submitted on behalf of the appellant that the appellant is in jail  and there was none to make arrangement of funds to file the appeal. It was next contended that the appellant, being a poor person, could not make arrangement of the expenses for filing the appeal in time. 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  24.08.2011 as fresh for hearing on the point of admission.

Order Date :- 16.8.2011

shailesh