Himachal Pradesh High Court
Tara Chand vs . Cbi on 23 December, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
Cr.MP(M) No. 2336 of 2022 23.12.2022 Present: Mr. S.K. Banyal, Advocate, for the petitioner.
Mr. Anshul Bansal, Advocate, for the respondent.
Cr.MP(M) No. 2336 of 2022 By way of instant application, a prayer has been made to condone the delay in filing the appeal against the judgment of conviction passed against petitioner for offences under Section 13(2) of Prevention of Corruption Act, 1988 and Sections 419, 420, 467, 468, 471 and 120-B.The maximum sentence imposed upon the petitioner is to undergo rigorous imprisonment for a period of seven years for offence under Section 467 of IPC. It is submitted that there is delay of 107 days in filing the appeal.
The prayer is opposed on the ground that the petitioner has failed to show any cause much less sufficient cause for condonation of delay.
Without entering into the merits of the averments made in the application, this Court is of the considered view that it will be in the interest of justice in case delay is condoned as the petitioner has been convicted for serious offences and has been sentenced to undergo rigorous imprisonment of seven years. In case, the petitioner is denied opportunity of being heard in the ::: Downloaded on - 23/12/2022 20:38:42 :::CIS main appeal merely on technical grounds, it will not serve the interest of justice. The object is to impart substantial justice to .
the parties. Accordingly, the application is allowed. The delay of 107 days in filing the appeal is condoned.
Cr.A. No. 7831 of 2022 ( Filing No.) Admit.
Cr.MP No...... of 2022 Be registered.
Record be requisitioned on or before the next date.
List on 14.03.2023. In the meanwhile, reply be also filed.
( Satyen Vaidya ) Judge 23rd December, 2022 (sushma) ::: Downloaded on - 23/12/2022 20:38:42 :::CIS