IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.1034 of 2010
NARAYAN SAH
Versus
THE UNION OF INDIA
Ref: I.A. No. 2085 of 2010
For the Appellant: Mr. Chandra Mohan Jha, Advocate,
For Union of India: Mr. Binay Kumar Pandey, C.G.C.
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03. 27.10. 2010 I.A. No. 2085 of 2010 is a petition for
condoning the delay of two years and six months in
the filing of this appeal.
Learned counsel for the appellant submits
that the appellant is continuously in custody since
19.01.2005 and that on the date of trial-court’s
judgment i.e. 28.01.2008 also he was in custody.
Further submission is that due to the long
incarceration of the appellant, there was none to
arrange money for filing of the appeal. Learned
counsel says that anyhow the appellant’s father had
tried to engage a counsel by executing Vakalatnama
but the father died and thereafter the filing of appeal
could not be finalized. Learned counsel continues to
submit that anyhow the appellant requested his
relatives to arrange for some money and get the
appeal filed and that thereafter with the help of his
2
relatives the appeal was filed.
Learned counsel for Union of India does not
oppose the prayer for condoning the delay.
In the facts and circumstances the delay in
filing of this appeal is condoned and the I.A. is
allowed.
(C.M. Prasad, J.)
Mkr.