State Of Chhattisgarh vs Mrinal Das
2025 Latest Caselaw 1651 Chatt

Chattisgarh High Court

State Of Chhattisgarh vs Mrinal Das on 11 August, 2025

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       Digitally
       signed by
       SHOAIB
SHOAIB ANWAR
ANWAR Date:
       2025.08.12
       17:48:20
       +0530




                           HIGH COURT OF CHHATTISGARH AT BILASPUR



                                             ACQA No. 96 of 2023


                                 STATE OF CHHATTISGARH versus MRINAL DAS



                                                 Order Sheet




                    11/08/2025         Shri Sangharsh Pandey, learned counsel for

                                  the appellant/State.

                                       Shri Parag Kotecha, learned counsel for the

                                  respondent.

Heard on I.A. No. 01/2023, an application for

condonation of delay in filing the present Cr.M.P.

Learned counsel for the appellant/State would

submit that after obtaining necessary approval and

collecting documents the instant Cr.M.P. filed by the

State, which is barred by delay of 94 days. The same

is a bonafide mistake and hence the delay in filing

the appeal may be condoned.

On the other hand, learned counsel for the

Respondent contended that there was gross

negligence or deliberate inaction or lack of

bonafides, there cannot by any justified ground to

condone the delay of 94 days in filing the appeal.

Therefore the application filed by the appellant

deserves to be dismissed and present appeal be

also dismissed as barred by limitation.

On due consideration and for the reasons

mentioned in the application as well as grounds for

condonation found to be sufficient. Accordingly, the

application I.A. No. 01/2023, is allowed and the

delay of 94 days in filing the Cr.M.P. is condoned.

The present petition has been filed against the

judgment of acquittal dated 29.10.2022 passed in

Special S.T. No. 57/2017 by the Court of Special

Judge (NIA Act/Scheduled Crime), Jagdalpur.

Learned counsel for the State would submit

that the trial Court is not justified by discarding the

evidence of complainant without there being any

cogent reason. He would submit that most of the

prosecution witnesses categorically stated that they

have seen the accused while running away with the

naxalites from the place of encounter on

14.05.2017.

The appeal stands admitted.

Since, the accused/respondent is already

represented before this court through his counsel

Shri Parag Kotecha, he is directed to appear before

the concerned trial Court on 25.08.2025 and furnish

bail bond with sureties.

Let the matter be listed for final hearing on

01.09.2025 along with the compliance report from

the concerned trial Court.

                      Sd/-                                Sd/-
               (Bibhu Datta Guru)                      (Ramesh Sinha)
                     Judge                              Chief Justice




Shoaib/Rahul