Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Ariz Khan vs State Of Delhi on 10 January, 2022

Author: Siddharth Mridul

Bench: Siddharth Mridul, Anup Jairam Bhambhani

$~S-20
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CRL.A. 9/2022
     ARIZ KHAN                                  ..... Appellant
                   Through: Mr. M.S. Khan, Mr. Prashant
                              Prakash    and     Ms.     Qausar,
                              Advocates.
                   versus
     STATE OF DELHI                             ..... Respondent
                   Through: Mr. Ashish Dutta, APP for the
                              State with Inspector Subhash
                              Chand, P.S.: Jamia Nagar.
     CORAM:
     HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
     HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                   ORDER

% 10.01.2022 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic. CRL. M.A. 362/2022 (Exemption) Exemption granted subject to just exceptions. The application is disposed of accordingly. CRL.M.A. 364/2022 (Condonation of delay) The present application under section 5 of the Limitation Act, 1963 has been instituted on behalf of the appellant seeking condonation of 114 days' delay in filing the accompanying appeal.

Issue notice.

Mr. Ashish Dutta, learned APP accepts notice on behalf of the State and fairly does not oppose the application.

In view of the circumstance that the appellant is incarcerated; and for the reasons stated in the application, which is duly supported by CRL.A. 9/2022 Page 1 of 2 affidavit, the same is allowed and the delay of 114 days in filing the accompanying appeal is condoned.

The criminal appeal is taken on Board. The application is disposed of accordingly.

Issue notice.

Mr. Ashish Dutta, learned APP accepts notice on behalf of the State. Admit.

Trial Court Record be requisitioned so as to be available for the perusal of this court on the next date of hearing.

List on 21.03.2022.

CRL. M.A. 363/2022 (Stay) The present application under section 482 of the Code of Criminal Procedure, 1973 has been instituted on behalf of the appellant for stay of operation/execution of impugned judgment and order dated 08.03.2021 and 15.03.2021 respectively.

Mr. M.S. Khan, learned counsel appearing on behalf of the appellant does not press this application, at this stage.

The application is dismissed as not pressed and disposed of accordingly.

SIDDHARTH MRIDUL, J.

ANUP JAIRAM BHAMBHANI, J.

JANUARY 10, 2022/'AA' Click here to check corrigendum, if any CRL.A. 9/2022 Page 2 of 2