The State Of Madhya Pradesh vs Shivpal @ Lalu
2024 Latest Caselaw 14166 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Shivpal @ Lalu on 14 May, 2024

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                    MCRC No. 16269 of 2018
                                             (THE STATE OF MADHYA PRADESH Vs SHIVPAL @ LALU)

                           Dated : 14-05-2024
                                 Shri S.K Kashyap -Government Advocate for the appellant/State.


                                 I.A No. 8793 of 2018 is an application for condonation of procedural
                           delay in filing the appeal by the State of Madhya Pradesh.
                                 Learned counsel for the appellant/State submits that the impugned
                           judgment of the acquittal of Shivpal @ Lalu/respondent is dated 15/12/2017.

The certified copy of the judgment was applied on 19/12/2017 and the same was received on 26/12/2017. Thereafter the time was consumed for seeking opinion as regards fitness of the case for filing further appeal. The District Magistrate ultimately sent proposal of filing appeal to the Law Department on 22/02/2018 and the same was received in the Law Department on 01/03/2018. The sanction was finally accorded on 07/04/2018 and that is how the appeal record was received by the Office of Advocate General on 12/04/2018 and the present case was filed on 24/04/2018. The case was listed before this Court on 07/05/2018 for removal of defects i.e for filing formal application for

condonation of delay.

Learned State counsel submits that after having done so, the procedural delay in filing the appeal be condoned, particularly in view of the fact that Criminal Appeal No. 321 of 2018 and M.Cr.C No. 10358 of 2018 arising out of impugned judgment have been admitted.

In view of the aforesaid facts and circumstances of the case, I.A No. 8793 of 2018 is allowed and the delay, if any, in filing leave to appeal is condoned. Accordingly, application for leave to appeal is allowed and the

appeal is admitted for hearing.

Issue notice to the respondent/Shivpal @ Lalu on payment of process fee within seven working days by RAD mode, returnable within four weeks.

List this case along with Cr.A No. 321 of 2018 and M.Cr.C No.10358 of 2018.

                              (RAJ MOHAN SINGH)                                           (VIVEK JAIN)
                                    JUDGE                                                    JUDGE

                           tarun