State Through Ps Nowhatta vs Ghulam Nabi Sheikh
2022 Latest Caselaw 569 j&K/2

                                                     S. No. 12
                                                     After Notice Matters
      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                  AT SRINAGAR
                                                            SLA No. 08/2018

State through PS Nowhatta                                  .....Petitioner(s)

                         Through:       Mr. Sajad, GA.
      V/s
Ghulam Nabi Sheikh                                       ..... Respondent(s)

                         Through:       None.

CORAM:
             Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                    ORDER

11.05.2022 COD No. ____/2022.

This is an application seeking condonation of delay in filing the

appeal against the impugned judgment of acquittal dated 28.02.2018 passed

by the Principal Sessions Judge, Srinagar. There is a delay of 135 days' in

filing the appeal. In the application, it is averred that the matter was

examined in different Departments of the Government for considering as to

whether the appeal is to be filed against the impugned judgment of acquittal.

After considering the matter, sanction was accorded for filing the appeal in

terms of Government Order No. 3518-LD (ACQ) of 2018 dated 06.06.2018,

whereafter, the appeal was filed against the impugned judgment of acquittal.

It is contended that the delay in filing the appeal has occasioned due to

aforesaid reason and the same is neither intentional nor deliberate.

The respondent has not contested the application as he has not filed

any objections to the application. In absence of rebuttal from the respondent,

the reasons given by the petitioner for delayed filing of the appeal have to Page |2 SLA No. 08/2018

be accepted. Accordingly the application is allowed and the delay in

filing the appeal is condoned.

COD disposed of.

SLA No. 08/2018:

I have heard learned counsel for the petitioner and perused the

impugned judgment and the grounds of appeal. It is contended by the

learned counsel for the petitioner that the learned trial court has while

passing the impugned order of acquittal, disbelieved the statement of the

police witnesses which is not in accordance with law. It is further contended

that the learned trial court has not appreciated the evidence in its proper

perspective.

Having regard to the grounds urged by the learned counsel for the

petitioner, a case for grant of leave to file appeal against the impugned

judgment is made out. Accordingly, the application is allowed and the

petitioner is permitted to file appeal against the impugned judgment of

acquittal passed by the learned Sessions Judge, Srinagar. The Registry shall

diarize the main appeal and list it for admission on 27.06.2022.

SLA disposed of.

(Sanjay Dhar) Judge SRINAGAR 11.05.2022 "Aasif"