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[Cites 1, Cited by 1]

Allahabad High Court

Ashok Singh @ Gopi Singh vs State Of U.P. on 5 January, 2010

Author: Ravindra Singh

Bench: Ravindra Singh

Court No. - 49

Case :- CRIMINAL APPEAL No. - 588 of 2008

Petitioner :- Ashok Singh @ Gopi Singh
Respondent :- State Of U.P.
Petitioner Counsel :- Rajiv Lochan Shukla
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Heard Sri Rajeev Lochan Shukla, learned counsel for the appellant and learned A.G.A. for the State of U.P. It is contended by learned counsel for the appellant that in this case the appeal was filed by him on behalf of appellant Ashok Singh @ Gopi Singh in which the application under section 5 of Indian Limitation Act was also filed. The application under section 5 of Indian Limitation Act was allowed and delay in filing the appeal was condoned on 30.1.2008, The learned A.G.A. was allowed to file the objction for consideration of bail. Thereafter the record of this case was misplaced from the office, thereafter on 25.10.2009 the office was directed to reconstruct the file in pursuance of the order dated 25.10.2009, the file has been reconstructed.

It is submitted by learned A.G.A. that in this case the delay in filing the appeal was condoned on 30.1.2008 and the office was directed to grant regular number of the appeal.

Considering the submission made by learned counsel for the appellant and learned A.G.A. the appeal is admitted.

Summon the trial court record within a period of one month from today.

Learned A.G.A. files objection.

The bail of the appellant shall be considered after the receipt of the record.

List on 22.2.2010 for consideration of bail.

Order Date :- 5.1.2010 RPD