Madhya Pradesh High Court
Mujahid Ali Khan vs The State Of Madhya Pradesh on 22 December, 2016
CRA-675-2016
(MUJAHID ALI KHAN Vs THE STATE OF MADHYA PRADESH)
22-12-2016
Shri Harish Kumar Bangaiya, learned counsel for the applicant.
Shri R.N. Yadav, learned Panel Lawyer for the respondent-State.
Learned Panel Lawyer states that he does not want to submit return-objections to I.A. No. 4973/16. He would make oral arguments on the I.A. Heard arguments on the I.A., which is an application under Section 5 of the Limitation Act moved on behalf of the appellant for condonation of delay caused in filing this criminal appeal under Section 374 (2) of the Cr.P.C.
As per the scrutiny report of the Registry, this appeal is barred by 42 days. It is stated in the I.A. that on account of misunderstanding on the period of time for filing criminal appeal in the High Court and the copy of the impugned judgment being misplaced the delay is caused. In support of the application one Syed Hashim Ulhasan, relative of the appellant, has filed his affidavit. Vide the impugned judgment, the appellant stands convicted under Section 489(C) of the IPC and sentenced thereunder to suffer RI for five years with a fine of Rs.1000/-. Though the learned Panel has opposed the condonation of delay, but his opposition is formal in nature. Taking the overall facts into the consideration and in the interest of justice, I allow the I.A. and condone the delay caused in filing of this appeal.
Heard on admission.
Having gone through the impugned judgment, petition of this appeal and record of the trial court, I find this appeal being arguable. Hence, it is admitted for final hearing. Learned Panel Lawyer has taken notice of admission of this appeal on behalf of the respondent-State. Hence, no further notice is required to be sent to it.
Learned counsel for the appellant seeks time to argue on I.A. No. 4972/16, which is an application for suspension of post conviction sentence.
Time is granted.
List the case for consideration of the aforesaid I.A. in the week commencing from 09.01.2017.
(RAJENDRA MAHAJAN) JUDGE dixit