Sanjeev Kumar vs Union Territory Of J And K And ...
2021 Latest Caselaw 574 j&K

                                                                    Serial No.108




                HIGH COURT OF JAMMU AND KASHMIR
                            AT JAMMU
                         (THROUGH VIRTUAL MODE)


                                                        CrlA(S) No. 10/2021
                                                        CrlMNo. 817/2021
                                                        CrlM No. 818/2021
                                                        CrlM No. 825/2021


Sanjeev Kumar                                                   ...Appellant(s)


                    Through:-Mr. B. R. Chandan, Advocate

                           v/s

Union Territory of J and K and another                       ....Respondent(s)


                   Through:-None.



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

                                       ORDER

CrlM No. 825/2021

This is an application seeking condonation of delay in filing the

criminal appeal against the judgment of conviction dated 22.02.2020 and

order of sentence dated 23.02.2021 passed by the learned Additional

Sessions Judge, Jammu.

One of the grounds urged by learned counsel for the appellant is

that due to the restrictions imposed by the Government from time to time in

view of outbreak of COVID-19 pandemic, the appeal could not be filed

within time.

The Supreme Court while dealing with the issue of extension of

limitation on account of outbreak of COVID-19 pandemic has, vide its order

dated 23.03.2020 passed in Suo Motu Writ Petition (Civil) No(s). 3/2020,

observed as under:-

"To obviate such difficulties and to ensure thatlawyers/litigants do not have to come physically to file suchproceedings in respective Courts/Tribunals across the countryincluding this Court, it is hereby ordered that a period oflimitation in all such proceedings, irrespective of the limitationprescribed under the general law or Special Laws whether condonableor not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings."

The aforesaid order came to be modified by the Supreme Court

vide its order dated 08.03.2021 whereby the extension of period of limitation

was restricted to the period between 15.03.2020 to14.032021.However, the

Supreme Courtvide its order dated 27.04.2021, restored its aforesaid order

23.03.2020 and it has now been provided that the period from 14.03.2021 till

further orders shall also stand excluded in computing the period of limitation

for instituting proceedings etc.

In view of the above position, the appeal filed by the appellant

is treated to be within time. The application stands disposed of accordingly.

Main appeal is taken on Board.

CrlA(S) No. 10/2021

Notice of the main appeal as well as notice of the application for suspension of sentence (CrlM 817/2021) be issued to the respondents.

Mr. Aseem Sawhney, learned AAG accepts notice on behalf of the

respondents. Learned counsel for the appellant is directed to furnish a copy

of the paper book of the appeal and copy of the application to Mr. Sawhney,

learned AAG, whereafter he shall file his response to the application by or

before the next date of hearing.

List on 01.07.2021.

(SANJAY DHAR) JUDGE JAMMU 28.05.2021 Bir