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Jammu & Kashmir High Court - Srinagar Bench

State Of Jk Th. Police Station Shopian vs Muzafar Ahmad Thoker & Ors. on 5 October, 2017

Author: Alok Aradhe

Bench: Alok Aradhe

 Serial No. 7
 Regular List


                HIGH COURT OF JAMMU AND KASHMIR
                            AT SRINAGAR

COD No.125/2017                                        Date of Order: 5th Oct. 2017
                        State Through Police Station Shopian
                                        Vs.
                          Muzaffar Ahmad Thoker & Ors.
Coram:
        Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice
        Hon'ble Mr Justice Alok Aradhe, Judge
Appearance:

For applicant(s):    Mr M. I. Dar, AAG
For respondent(s):   Mr Mubashir Ahmad, Advocate

i/     Whether to be reported in              Yes/No
       Press/Media?
ii/    Whether to be reported in              Yes/No
       Digest/Journal?

       COD No. 125/2017

1. There is a delay of 75 days in preferring the accompanying appeal against the order of acquittal. The judgment was pronounced on 19.11.2016 by the trial court. The period of limitation is 90 days. The said period would expire on 20.02.2017. The sanction to file the appeal was granted on 10.01.2017 within the period of limitation. However, the appeal was not filed within the period of limitation but was filed only on 04.05.2017 after a delay of two months and 15 days. The delay has occurred entirely on the part of the State counsel.

2. The learned counsel for the State who was to file the appeal before us submits that the delay was unintentional and inadvertent. He also submitted that the delay is not of such a magnitude that the same cannot be condoned and in any event, should not prejudice the State. The learned counsel for the respondents, however, opposed the grant of condonation of delay.

3. Having considered the arguments and submissions made by the learned counsel for the parties, we are of the view that this is a case where the delay ought to be condoned as inadvertent delay of a short duration on the part of the counsel should not come in the way of dispensation of justice.

4. Consequently, the delay is condoned subject to costs of Rs. 5,000/- which shall be deposited with the High Court Legal Services Committee within two weeks.

5. The application is allowed.

6. The leave to appeal application being MP No. 01/2017 be listed for hearing on 12th October 2017.

                                  (Alok Aradhe)         (Badar Durrez Ahmed)
                                         Judge                  Chief Justice
Srinagar
5th Oct. 2017
Altaf




COD No. 125/2017                                                           Page 2 of 2