Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Rakesh vs State Of U.P. on 28 January, 2010
C.M.Application No.112251 of 2009.
In re :
Crl. Appeal No.2761 of 2009
Hon'ble Vedpal,J.

This is an application under
Section 5 of the Limitation Act for
condonation of delay that took place in the
presentation of this appeal.

Heard the learned counsel for the
applicant/appellant as well as learned A.G.A.
No objection has been filed against this
application by the learned A.G.A.

It has been stated in the affidavit
annexed with the application that the appeal
could not be preferred within the prescribed
period of limitation as the certified copy of
the judgment and order which was received
by the appellant was got misplaced in the
chamber of learned Advocate for the
appellant. Thereafter he applied for another
copy and filed this appeal and thus the delay
was not intentional and appellant was not
going to be benefitted by lodging the appeal.

In the facts and circumstances, of
the case, it is a fit case wherein the delay
can be condoned. Therefore, application for
condonation of delay is allowed. Delay in
filing the appeal is condoned.

Appeal is admitted. Let record of
the lower court be summoned within fifteen
days and list immediately thereafter for
hearing on prayer for bail.

Objection against prayer for bail if
any, be filed in the meantime, by the learned
A.G.A.

28.1.2010.

Shukla.

1


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