CRLA/10/2025
2025 Latest Caselaw 5941 UK

Uttarakhand High Court

CRLA/10/2025 on 8 December, 2025

Author: Pankaj Purohit

Bench: Manoj Kumar Tiwari, Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
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                                  CRLA No.10 of 2025
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J. Mr. C.K. Sharma and Mr. Nitin Tewari, learned counsel for appellant/ applicant.

2. Mr. B.N. Maulekhi, learned D.A.G. with Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.

3. There is delay of 22 days in filing this appeal. Impugned order was passed on 13.11.2024, while the appeal was filed on 04.01.2025. Section 21(5) of National Investigation Agency Act, 2008, providing for limitation reads as under:

"21(5) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days:

Provided further that no appeal shall be entertained after the expiry of period of ninety days."

4. Affidavit has been filed in support of delay condonation application, in which explanation offered is that appellant is the sole earning member in the family and after his arrest, there was no one left to arrange for funds for filing the appeal.

5. Although, objection to the delay condonation application is filed. However, learned State Counsel did not seriously

oppose the application. Delay in filing the objection is condoned. Delay condonation application (IA/4/2025) is allowed. Objection filed by the State is taken on record.

6. For the reasons indicated in delay condonation application, we condone the delay of 22 days in filing the appeal. Delay Condonation Application (IA/3/ 2025) stands disposed of.

7. The appeal is treated as having been filed within time.

8. Heard the parties at length.

9. Admit the appeal.

10. As prayed by learned State Counsel, put up after two weeks whenever the Bench is available.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 08.12.2025 PN