CRJA/70/2023
2023 Latest Caselaw 1656 UK

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                                  CRJA No.70 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Dewang Dobhal, Advocate holding brief of Mr. Vishwa Prakash Bahuguna, Advocate for the appellant.

Mr. J.S. Virk, Deputy Advocate General for the State.

2. This appeal is filed through Legal Aid Counsel, appointed by High Court Legal Service Committee.

3. Exemption Application No.01 of 2023 is filed, seeking exemption from requirement of filing affidavit in support of bail and delay condonation applications.

4. Since the appellant is in jail and has no means to engage a counsel, therefore, in the interest of justice and for the reasons indicated in the exemption application, the requirement of filing affidavit in support of bail application as well as delay condonation application is dispensed with.

5. This is an appeal under Section 374 of Cr.P.C. against the judgment and order dated 15.03.2023 passed by learned

Sessions Judge, Uttarkashi in Sessions Trial No.15 of 2021 State vs. Smt. Kajal whereby the appellant/accused was convicted for the offence punishable under Section 302 of IPC and sentenced to life imprisonment with a fine of Rs.20,000/- and in default of payment of fine six months' additional simple imprisonment was imposed.

6. There is delay of 28 days in filing this appeal.

7. Learned State counsel submits that he do not propose to file any objection to the delay condonation application and in the interest of justice, delay may be condoned.

8. We, therefore, condone the delay of 28 days in filing this appeal. Accordingly, Delay Condonation Application is allowed.

9. Admit.

10. Summon the lower court record.

11. Objection to the bail application, if any, be filed within four weeks.

12. List on 23.08.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 16.06.2023 Arti