Mujahid Ashraf Khan & Ors vs Union Territory Of J&K And Others
2021 Latest Caselaw 1299 j&K/2

                                                                                            Sr. No. 38




                    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                       AT SRINAGAR
                    CJ Court
                                                    CrLM No. 1015/2021 in
                                                    CrLA (D) No. 13/2021.
                                                    Crlm No. 1096/2021.


                    Mujahid Ashraf Khan & Ors.                          ...Petitioner(s)/Appellants.

                    Through:           Mr. Z. A. Qureshi, Sr. Advocate with
                                       Ms. Razia Amin, Advocate.
                                                             Vs.
                    Union Territory of J&K and Others.                           ....Respondent(s)
                    Through:            Mr. Sajad Ashraf, GA.

                    CORAM:
                    HON'BLE THE CHIEF JUSTICE
                    HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
                                                         ORDER

12.10.2021

1. Heard Shri Z. A. Qureshi, learned counsel, assisted by Ms. Razia,

Advocate for the appellants and Shri Sajad Ashraf, learned counsel for

the respondents.

2. The appeal is under Section 21 of the National Investigation

Agency Act, 2008 and reported to be beyond a time of 26 days.

3. We have perused the delay condonation application and the

objections filed to it by the respondents. It has been alleged that the

impugned judgment and order was pronounced in absence of the

appellants who were in jail and that they came to know of it later on

when the investigating Officer applied for extension of period of

investigation. The appellants had no other person except their mother

ABDUL RASHID GANAI 2021.10.12 22:13 I attest to the accuracy and CrlA integrity of this document (D) No. 13/2021 Page | 1 who is aged about 88 years to do pairavi on their behalf and seek

appropriate legal action.

4. The fact that the judgment and order was pronounced in the

absence of the appellants and that there is only one person in their

family who too is aged 88 years is not disputed by the respondents and as

such we are of the opinion that the appellants was prevented by a

sufficient cause to file the appeal in time.

5. Accordingly, the delay in filing the application No. 1015/2021,

is allowed and the delay of 26 days is condoned.

CrlM No. 1096/2021.

Appearance as above.

Shri Sajad Ashraf, learned counsel for the respondents prays for

and is allowed three weeks time to file objections to the said application.

List on 3rd November, 2021.

                                       (VINOD CHATTERJI KOUL)               (PANKAJ MITHAL)
                                                   JUDGE                      CHIEF JUSTICE
                     Srinagar
                     12.10.2021
                     "Abdul Rashid"




ABDUL RASHID GANAI
2021.10.12 22:13
I attest to the accuracy and
                        CrlA
integrity of this document     (D) No. 13/2021                                        Page | 2