State Of J&K vs Mohd. Khalil And Ors
2023 Latest Caselaw 341 j&K

                                                                         Sr. No. 13


    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU

                                                      SLA No. 91/2015
                                                      in
                                                      CONCR No. 77/2015
State of J&K                                       .....Appellant(s)/Petitioner(s)

q
                        Through: Mr. Bhanu Jasrotia, GA
                 vs
Mohd. Khalil and ors.                                           ..... Respondent(s)
                        Through: None


Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                   ORDER

CONCR No. 77/2015

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

against the judgment of acquittal dated 23.12.2013.

There is a delay of 489 days in filing the appeal.

As per the application, upon receipt of copy of the impugned

judgment, record of the case was examined and processed at different levels.

Thereafter, matter was sent to the Law Department for examining the judgment in

the light of the record. Vide order dated 28.05.2014, the Law Department granted

sanction for filing an appeal against the impugned judgment and immediately

thereafter, the Government counsel was approached for drafting of the appeal and

accordingly, the appeal was filed on 28.07.2015.

As per record, sanction for filing the appeal against the judgment was

granted by the Law Department vide its order dated 28.05.2014. Thereafter,

corrigendum was issued on 25.06.2015. There is no rebuttal to the averments

made in the application and the record produced by the petitioner.

in CONCR No. 77/2015

In view of the above, the delay in filing the appeal has been

sufficiently explained, as such, the same is condoned.

The application is disposed of.

SLA No. 91/2015

List for consideration on 28.04.2023.

(SANJAY DHAR) JUDGE

Jammu 22.02.2023 Neha