Ut Of J&K vs Gul Mohd. Khan
2022 Latest Caselaw 1286 j&K

                                                                   Sr. No. 44

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                Crl LP(D) No.06/2022
                                                CrlM No.907/2022
                                                CrlM No.908/2022

UT of J&K                                          .... Petitioner/Appellant(s)

                         Through:-      Mr. Sumeet Bhatia, GA.

                   V/s

Gul Mohd. Khan                                             .....Respondent(s)

                         Through:-      None.

CORAM: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
       HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
                                   ORDER

CM No.907/2022

The applicant has filed this application seeking condonation of

delay in filing the acquittal appeal.

For the reasons stated in the application and the submissions

made by learned counsel for the applicant at the Bar, the same is allowed

and the delay of 117 days in filing the acquittal appeal is condoned.

CM No.907/2022 is accordingly disposed of.

CrlM No.908/2022

Despite service, none has appeared on behalf of the respondent.

In this application, the applicant has questioned the judgment

dated 29.09.2021 passed by learned Additional Sessions Judge, Doda

whereby the learned trial Court had convicted the respondent for

commission of offence under section 304-II and has acquitted him of the

charges under section 302/201 RPC. Whether the acquittal of the

respondent under section 302/201 RPC was justified or not that can be

considered only after we grant leave to the applicant to file the appeal.

Leave Granted. The application is allowed. The applicant is

permitted to file the appeal.

CrlM No.908/2022 is accordingly disposed of.

Registry is directed to diarize and list the main appeal on 10.10.2022.

                           (RAJESH SEKHRI)           (RAJNESH OSWAL)
                               JUDGE                      JUDGE
JAMMU
19.09.2022
Eva