State Of J&K vs Maqsood Hussain And Another
2022 Latest Caselaw 2015 j&K

                                                                         Sr. No. 9


    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU
                                                     SLA No. 37/2017
                                                     CrlM No. 876/2019
                                                     c/w
                                                     CONCR No. 33/2017
State of J&K                                       .....Appellant(s)/Petitioner(s)

q
                       Through: Mr. Ravinder Gupta, AAG.
                  vs
Maqsood Hussain and another                                   ..... Respondent(s)
                       Through: Proxy Counsel vice
                                Mr. R. P. Sharma, Advocate
                                Mr. Masood Chowdhary, Advocate.
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
       HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                   ORDER

CONCR No. 33/2017

The present application has been filed by the applicant seeking

condonation of delay in filing the acquittal appeal against the judgment dated

05.10.2016 passed by the court of learned Sessions Judge, Poonch.

As per the report of the Registry, there is delay of 52 days in filing the

present appeal.

Respondents have chosen not to file the response.

For the reasons stated in the application, coupled with the fact that

there is no objection from the other side, the same is allowed. Delay in filing the

acquittal appeal is condoned.

The present application is, accordingly, disposed of.

SLA No. 37/2017

We have gone through the judgment passed by the learned trial court

and we are of the opinion that the evidence is required to be appreciated and that

can be done only if we grant leave to the applicant to file the appeal against the

judgment dated 05.10.2016.

CONCR No. 33/2017

In view of this, the present application is allowed. Leave is granted to

the applicant to file the acquittal appeal.

The present application is, accordingly, disposed of.

Registry is directed to diarize the main appeal and list the same on

27.12.2022.

                         (PUNEET GUPTA)                   (RAJNESH OSWAL)
                              JUDGE                            JUDGE

Jammu
19.12.2022
Sahil Padha