SPLA/257/2022
2023 Latest Caselaw 1577 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                          COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SPLA No.257 of 2022
                                  With
                                  IA No.1/2022 (Delay Condonation Application)
                                  IA No.2/2023 (Miscellaneous Application With Objection)
                                  In
                                  GA No.117 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. J.S. Virk, learned Deputy Advocate General along with Mr. Rakesh Joshi, learned Brief Holder for the State/appellant.

2. Mr. Lokendra Dobhal, learned counsel for the respondent.

3. This Government Appeal is filed under Section 378(3) of the Code of Criminal Procedure, 1973.

4. There is delay of 86 days' in filing the appeal. The delay condonation application has been filed and objections to the delay condonation application have also been filed by respondent.

5. Perusal of the delay condonation application reveals that time was spent by appellant in obtaining certified copy of the judgment and thereafter, necessary permission from Law Department of the State Government which lead to procedural delay.

6. Having regard to the facts and reasons mentioned in the affidavit, filed in support of delay condonation application,

we are inclined to condone the delay. Accordingly, the delay condonation application is allowed. Delay of 86 days' in filing the appeal is condoned.

7. Learned counsel for respondent prays for and is granted four weeks' time for filing objections to the application seeking leave to appeal.

8. List this matter on 21.08.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 08.06.2023 AK