State vs Abdul Karim And Another
2022 Latest Caselaw 192 j&K

                                                                    Sr. No.18

                HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU

                                                 CONCR No.70/2015
                                                 c/w
                                                 SLA No.85/2015

7




State                                               ....Petitioner(s)/Appellant(s)

                     Through :- Ms. Chetna Manhas, Advocate vice
                                Mr. Amit Gupta, AAG.


          V/s
Abdul Karim and another                                        ....Respondent(s)

                  Through :-    None.
    Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                     ORDER

15.02.2022 CONCR No.70/2015

This is an application seeking condonation of delay in filing the appeal

against the judgment of acquittal dated 31.07.2014 passed by learned Ist

Additional Sessions Judge, Jammu.

It is averred in the application that the matter was examined and processed

at different levels for seeking opinion of the law department and in this regard

record of the case was also required to be examined. It is contended that the

aforesaid process consumed some time, as a result of which, there was delay in

filing the appeal.

Having regard to the aforesaid averments made in the application and in

absence of any rebuttal from the respondent, this Court is satisfied that the

appellant/State has satisfactorily explained the delay in filing the appeal.

Accordingly, this application is allowed and delay of 123 days in filing the

appeal against the impugned judgment is condoned.

SLA No.85/2015

Application stands disposed of.

SLA No.85/2015

This is an application seeking leave to file appeal against the impugned

judgment of acquittal dated 31.07.2014 passed by learned Ist Additional Sessions

Judge, Jammu.

It is contended that learned trial Judge while passing the impugned

judgment has not appreciated the law and facts of the case and despite there

being sufficient material on record to convict the respondent, the learned trial

Court has acquitted him.

I have heard learned counsel for the appellant-petitioner, perused the

grounds of appeal and the impugned judgment. There appears to be some merit

in the submission of learned counsel for the petitioner, as such, a case for grant

of leave to file the appeal is made out.

Accordingly, this application is allowed.

Registry is directed to assign the number to the main appeal and same be

listed for admission on 17.05.2022.

(Sanjay Dhar) Judge Jammu:

15.02.2022 Surinder

SURINDER KUMAR 2022.02.17 08:54 I attest to the accuracy and integrity of this document