Uttarakhand High Court
CRLA/369/2022 on 10 January, 2023
Office Notes, reports,
orders or proceedings
sSL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
CRLA No.369 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Vinoda Nand Barthwal, Advocate the
appellant.
Mr. Tumul K. Nainwal, Brief Holder for
the State of Uttarakhand.
As against the judgment of conviction
dated 05.02.2021, the criminal appeal was
registered before this Court on 14.09.2022
alongwith the Delay Condonation Appl. No.01
of 2022 thereby explaining the 107 days of
delay.
This Court by an order of 19.09.2022 has
directed the Government Advocate to file an
objection to the delay condonation application.
The same was not filed. The time period for
filing objection was once again extended on
18.10.2022 still the objection to the delay
condonation application has not been filed,
rather the Government Advocate for the reasons
best known has filed an application by way of
an objection to the bail application itself though
the fact remains that the appeal is still to be
admitted after condoning the delay.
Today, the matter is listed on a Short
Term Bail Application No.02 of 2022 preferred
by the applicant on the ground that since his
aged father is ailing and has suffered a heart
attack, he has to attend upon him as there is no
one else in the family to take care of his aged
ailing father.
When the matter was taken up in the pre
lunch session, the Government Advocate was
called upon to address the court on his objection
to the delay condonation application. Since there
was no objection as such, principally the
Government Advocate representing the State
agreed to condone the delay.
Based on the aforesaid assertion and
particularly in the absence of there being any
objection to the delay condonation application,
coupled with the fact, that the grounds taken in
the delay condonation application seems to be
quite satisfactory and also because the interest
of a lis and litigant is always protected, once it is
adjudicated on merits, the delay of 107 days,
which has chanced in filing the appeal, would
stand condoned. Accordingly, the Delay
Condonation Application would stand allowed.
With the consent of the counsel for the
parties, the appeal is taken up for admission.
Admit the appeal.
Summon the lower court record.
Prior to passing any orders on the bail
application and considering the emergent
contingency, which the applicant is facing, the
short term bail application is being considered.
After hearing the Government Advocate,
the short term bail application is being allowed.
The applicant is directed to be released on a
short term bail for a period of six weeks, from
the date of his actual release, in order to enable
him to take care of his aged father. He assures
that immediately after the expiry of the
aforesaid period, he would be voluntarily
surrendering himself before the Jail
Superintendent.
In view of above, the applicant is directed
to be released on a short term bail for a period of
six weeks subject to furnishing of his personal
bond and two sureties of the like amount to the
satisfaction of the Magistrate concerned.
(Sharad Kumar Sharma, J.)
10.01.2023
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