Pt. Ramsewak Deshlahra vs Kamlesh Deshlahre
2021 Latest Caselaw 2629 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                 ACQA No. 114 of 2021
             Pt. Ramsewak Deshlahra Versus Kamlesh Deshlahre & Ors.




       29.09.2021          Mr. Gajendra Kumar Sahu, Counsel for the appellant.
                           Mr. Mateen Siddiqui, Dy. AG for the respondent/State.

Mr. Amit Kumar Sahu, Counsel respondents No.1 to 3. Heard on (IA No.1) application for condonation of delay from filing of the acquittal appeal.

At the outset, we notice that the appeal was filed before this Court on 09.04.2021. The impugned judgment was delivered on 29.01.2020. The period for filing appeal is 90 days.

In view of the Supreme Court order in Suo Motu Writ Petition (Civil) No.3 of 2020 passed on 08.03.2021 the period from 15.03.2020 up-to 14.03.2021 is to be excluded for the purposes of counting period of limitation for filing appeal.

In view of the aforesaid order, this appeal is to be treated within limitation. As the period of limitation for filing appeal did not expire on 15.03.2021. Accordingly, application for condonation of delay is disposed off as superfluous.

List this case for admission in the next week.

                                           Sd/-                            Sd/-

                         (Manindra Mohan Shrivastava)            (Vimla Singh Kapoor)
                                  Judge                               Judge


Ajay