Jitendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 5726 MP

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                                                          CRA No.4943/2021

         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
            Criminal Appeal No.4943/2021
Indore, Dated 20.09.2021
      Shri Manan Dhakad, learned counsel for the appellant.

      Shri Pranay Joshi, learned Panel Lawyer for the respondent /

State of Madhya Pradesh, on advance notice.

Heard on IA No.23451/2021, an application under Section 5 of

the Limitation Act, 1963 for condonation of 182 days' delay in filing

the present criminal appeal.

Counsel for the appellant has submitted that after conviction,

the appellant was sent to jail and there is no responsible member in

his family to file this appeal in time and they had no knowledge

about the period of limitation; and due to lock down on account of

COVID-19, the present appeal could be filed with the delay of 182

days, which deserves to be condoned, as he is in jail since

25.08.2018.

Counsel for the respondent / State, on the other hand, has

opposed the prayer.

Having considered the rival submissions and on perusal of the

impugned judgment, this Court finds force with the contentions

raised by the counsel for the appellant; and further considering the

fact that the appellant is lodged in jail since last more than three

years, his rights to contest the matter on merits in statutory appeal,

CRA No.4943/2021

cannot be curtailed, due to some procedural delay.

In view of the same. IA No.23451/2021 stands allowed; and

182 days' delay in filing the present appeal is hereby condoned.

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission soon

thereafter.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.09.21 10:00:32 +05'30'