State Through P/S Pahalgam vs Fayaz Ahmad Bajad And Others
2021 Latest Caselaw 1062 j&K/2

                                                                   Sr. No.18



 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR

CJ Court

                          CrlA(AD) No.8/2019

State through P/S Pahalgam                        ...Petitioner(s)/Appellants.
Through:    Mr. B. A. Dar, Sr. AAG.
                                    Vs.
Fayaz Ahmad Bajad and others.                              ....Respondent(s)
Through:    None.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                 ORDER

14.09.2021

The appeal of the State against the acquittal of the accused persons is beyond time by 175 days. The delay in filing the appeal is sought to be explained by filing a delay condonation application.

Despite opportunities, the counsel for the respondents has not filed any objections to the delay condonation application.

The delay in filing the appeal occurred as the sanction to file the appeal has to be obtained again due to change of counsel and the fact that the certified copy of the impugned judgment and order was not available when the sanction was granted.

The cause shown for filing of the appeal with delay is sufficiently explained. Accordingly, the delay in filing the appeal is condoned and COD No.713/2019 is allowed.

Leave to file appeal is granted and CMP No.712/2019 is, accordingly, allowed.

Issue notice to the accused/ respondents.

The trial court record be summoned and paper book prepared and provided to learned counsel for the parties.

List on 2nd February, 2022.

                                  (VINOD CHATTERJI KOUL)                (PANKAJ MITHAL)
                                                JUDGE                   CHIEF JUSTICE
                       Srinagar
                       14.09.2021
                       Abdul Qayoom, PS




ABDUL QAYOOM LONE
2021.09.15 10:31
I attest to the accuracy and
integrity of this document