Vishwanath Mandal vs State Through Cbi
2022 Latest Caselaw 39 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- CRIMINAL APPEAL DEFECTIVE No. - 10 of 2022
 

 
Appellant :- Vishwanath Mandal
 
Respondent :- State Through Cbi
 
Counsel for Appellant :- Anil Kumar Sharma
 
Counsel for Respondent :- Shiv P. Shukla
 

 
Hon'ble Rajnish Kumar,J.

Order on C.M.Application No. 01 of 2022

The case is being taken up through video conferencing as per order of the Court due to spike in the number of Covid-19 positive cases.

Heard Sri Anil Kumar Sharma, learned counsel for the applicant-appellant and Sri Shiv P.Shukla, learned counsel for the C.B.I.

Office has reported the delay of eight days in filing the said appeal.

Learned counsel for the applicant-appellant submitted that the applicant-appellant had already completed period of five years of sentence and the delay in filing the appeal is not deliberate, therefore, it may be condoned.

There is no objection to it by learned counsel for the C.B.I.

In view of above, application is allowed and delay in filing the appeal is condoned.

Office is directed to register and allot the regular number to this criminal appeal.

Order on Appeal.

Learned counsel for the appellant submitted that the appellant has already completed period of sentence and also period of fine, if calculated from the date of his custody, but, due to technical reasons that six months period has not passed after passing of the Judgment on 30-10-2021, the appellant is not being released.

Admit.

Summon the Lower Court Record.

List this appeal on 08-02-2022.

Let a report be called from the concerned jail before the next date of listing.

(Rajnish Kumar,J.)

Order Date :- 19.1.2022

AKS