Union Territory Of Jammu And ... vs Kulbir Singh
2021 Latest Caselaw 280 j&K

                                                                      Sr. No. 108


             HIGH COURT OF JAMMU AND KASHMIR
                        AT JAMMU
                                  Crl LP(S) No. 1/2021
                                  CrlM No. 22/2021

Union Territory of Jammu and Kashmir                ....Petitioner/Appellant(s)

                  Through :- Mr. Raman Sharma, AAG
                 V/s
Kulbir Singh                                                ....Respondent(s)
                   Through :- None.


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

                                   ORDER

10.03.2021

CrlM No. 22/2021

1. This is an application, seeking condonation of delay in filing the

acquittal appeal. Respondent has not contested this application, as no one has

appeared on behalf of respondent despite service.

2. For the reasons stated in the application, which is supported by an

affidavit, sufficient cause for condoning the delay in filing the appeal is made

out. Even otherwise, in view of the order dated 27.03.2020 read with order

dated 08.03.2021 passed by the Supreme Court in the case In Re-Cognizance

For Extension of Limitation (Suo-Moto Writ Petition (Civil) No. 30/2020),

the limitation period for filing proceedings stands extended with effect from

15.03.2020 to 14.03.2021 on account of outbreak of COVID-19 infection.

Thus, the appeal is to be treated within time. The application is, therefore,

allowed.

Crl LP (S) No. 1/2021

3. This application seeking leave to file appeal is taken up for

consideration.

4. I have heard the learned counsel for the appellant and perused the

impugned judgment. It has been contended by learned counsel for the appellant

that the learned trial court has, while acquitting the accused, erred in

appreciating the evidence on record as it has drawn erroneous conclusions by

disbelieving the prosecution evidence on technicalities.

5. Having regard to the arguments advanced by learned counsel for the

appellant, a case for grant of leave to file the appeal is made out.

6. The application is accordingly, allowed and the leave to file the

appeal against the impugned is granted.

7. Registry to diarize the main appeal and list the same for admission on

07.04.2021.

(Sanjay Dhar) Judge JAMMU 10.03.2021 (SUNIL-I)