Verla vs The State Of Madhya Pradesh
2022 Latest Caselaw 346 MP

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                                                            CRA No.2597/2020

         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
            Criminal Appeal No.2597/2020
Indore, Dated 06.01.2022
      Shri Ayush Agrawal, learned counsel for the appellant.

      Shri Chetan Jain, learned Panel Lawyer for the respondent /

State of Madhya Pradesh, on advance notice.

Heard on IA No.2389/2020, an application under Section 5 of

the Limitation Act, 1963 for condonation of 154 days' delay in filing

the present criminal appeal.

Counsel for the appellant has submitted that the appellant is a

rustic villager and had no means for filing the appeal and as such,

this appeal has been filed with the delay of 154 days, which deserves

to be condoned, as he is in jail.

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

opposed the prayer.

Having considered the rival submissions and perusal of the

impugned judgment as well as the record, 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, his rights to

contest the matter on merits in statutory appeal, cannot be curtailed,

due to some procedural delay.

In view of the same. IA No.2389/2020 stands allowed; and

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

CRA No.2597/2020

Let the matter on the question of admission in due course.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.01.06 17:30:44 +05'30'