Ajay vs The State Of Madhya Pradesh
2021 Latest Caselaw 942 MP

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   HIGH COURT OF MADHYA PRADESH: BENCH AT
                            INDORE
(SINGLE BENCH: HON'BLE Mr JUSTICE VIVEK RUSIA)
                 Criminal Appeal No.583/2021
      (Ajay and others Vs. The State of Madhya Pradesh)
Indore, Dated: 22.03.2021
     Shri Gopal Yadav, learned counsel for the applicant.
       Shri Prabal Jain, learned Panel Lawyer for the respondent/State.

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The applicants have filed the present revision petition under Section 397/401 of Cr.P.C. against the order dated 22.10.2020 passed by Additional Sessions Judge, Dharampuri, District Dhar whereby an application under Section 5 of Limitation Act has been dismissed. Resultantly, appeal has also been dismissed. (2). Facts of the case, in short, are under:

The applicants were prosecuted alongwith other co-accused for the offence punishable under Section 11-D, 4,6 of Prevention of Cruelty of Animal Act read with Section Section 9 of Govans Vadh Partishedh Act. Vide judgment dated11.10.2018 they were convicted for the period 1 year- 1 years with fine of Rs. 500/-. Rest of accused were discharged. Being aggrieved by the aforesaid judgment, they preferred an appeal before Sessions Court alongwith an application under Section 5 of Limitation Act. The learned court declined to condone the delay and accordingly dismissed the same. Hence, present revision before this Court.

(3). According to the applicants the certified copy of the order dated 11.10.2018 was provided to them for filing the appeal within 30 days, which was to expire on 10.10.2018 but that was Saturday, therefore, they were under impression that Saturday is holiday and next day was Sunday i.e. 11.11.2018. Accordingly, they have filed appeal on 12.11.2018 and which has resulted in delay of 2 days. (4). I have heard learned counsel for the parties and perused the impugned order.

(5). From perusal of the impugned, it appears that the court has

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adopted hyper technical view in dealing with the application under Section 5 of Limitation Act. The reasons for delay, appears to be bonafide because the last day of filing was calling on Saturday and they were under impression that Saturday is a non working Saturday therefore, they were immediately filed appeal on opening day i.e. on Monday. The delay of 2 days is liable to be condoned and accordingly condoned. The matter is remitted back to the appellate court to decide the appeal on merit preferably within a period of 30 days. With the aforesaid, criminal revision is disposed of. Certified copy as per rules.

( VIVEK RUSIA ) JUDGE praveen

PRAVEEN KUMAR NAYAK 2021.03.23 14:14:47 +05'30'