Sikkim High Court
State Of Sikkim vs Pema Wangchuk Lepcha on 30 May, 2022
Bench: Meenakshi Madan Rai, Bhaskar Raj Pradhan
Virtual Court No.2
High Court of Sikkim
Record of proceedings
I.A. No.01 of 2022
State of Sikkim Petitioner
VERSUS
Pema Wangchuk Bhutia Respondent
Date : 30-05-2022
CORAM : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
For Appellant Mr. Yadev Sharma, Additional Public Prosecutor.
Mr. Sujan Sunwar, Assistant Public Prosecutor.
For Respondent Mr. Tsewang Namgyal Bhutia, Advocate (Legal Aid Counsel).
ORDER
Rai, J.
Two IAs, both being I.A. No.01 of 2022, one seeking condonation of 257 days delay in filing the Criminal Leave Petition and another seeking condonation of the same number of days delay in filing the Criminal Appeal, were heard.
It is submitted by Learned Additional Public Prosecutor that the Hon'ble Supreme Court in In Re : Cognizance for Extension of Limitation [Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.03 of 2020], dated 10-01-2022, at Paragraph 5(1), has ordered that the Order dated 23-03-2020 is restored and in continuation of the subsequent Order dated 08-03-2021, 27-04-2021 and 23-09-2021, it is directed that the period from 15-03-2020 till 28-02-2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or sub laws in respect of judicial or quasi judicial proceeding.
Learned Legal Aid Counsel for the Respondent submits that he has no objection to the application for condonation of delay in view of the aforestated Order of the Hon'ble Supreme Court.
We have considered the submissions of Learned Counsel and also perused the Order of the Hon'ble Supreme Court supra.
Page | 1 Virtual Court No.2 High Court of Sikkim Record of proceedings In light of the aforesaid Order and grounds made out by the Petitioner, delay condoned in both IAs as the Petitions are filed within the period prescribed in the Order of the Hon'ble Supreme Court.
Both I.As stand disposed of accordingly.
Leave to file the Appeal granted.
Register the Criminal Appeal.
List for hearing on admission on 10-08-2022.
Judge Judge
30-05-2022 30-05-2022
ds/to
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