CRLA/42/2023
2023 Latest Caselaw 457 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                          COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  CRLA No.42 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Akshay Joshi, learned counsel holding brief of D.C.S. Rawat, learned counsel for the appellant.

Mr. Pratiroop Pandey, learned A.G.A along with Ms. Lata Negi, learned Brief Holder for the State.

The Registry has reported that the appeal preferred by the appellant as against the judgment of conviction is reported to be delayed by 267 days.

The appeal is supported by a delay condonation application wherein the appellant has sought the condonation of delay which has chanced in preferring the appeal for the reasons as it has been assigned in the affidavit filed in support of the delay condonation application on the ground that since he was languishing in jail since 18.01.2020 and since his family belongs to a poor background there was no one available in the family to prefer the appeal in time and it is due to the aforesaid contingency that they could not file the appeal earlier.

The delay condonation application is opposed by the Government Advocate who has filed his objection on 13.02.2023.

So far as the averment contained in paragraph nos.4 and 5 to 11 are concerned, they have been answered in paragraph no.6 and 7 of the objections.

Paragraph no.6 is admitted. In paragraph no.7 of the objections, in fact, the only ground taken by the State is that day-to-day delay has not been explained.

It is absolutely preposterous to accept this contention that the appellant preferring judicial proceedings with a delay condonation applicaiton will have to justify each day's delay which may not be rationally possible. In that eventuality and in the wider interest of the justice, since the applicant has been convicted for the offence under Section 363, 354, 323 of IPC and Section 10 of the POCSO Act, the delay which has chanced in filing the appeal would stand condoned.

With the consent of the counsel for the parties, the appeal is heard for admission.

Admit the appeal.

Summon the LCR.

The Government Advocate may file objections to the bail application within a period of three weeks from today.

List as soon as objection is filed or records of the Court below is received.

(Sharad Kumar Sharma, J.) 22.02.2023 Sukhbant