Court No. - 71
Case :- CRIMINAL APPEAL DEFECTIVE No. - 907 of 2019 Appellant :- Pappu @ Pramod Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Vikas Srivastava,Dan Bahadur Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Order on Delay Condonation Application
This criminal appeal has been filed with the delay of 392 days.
Cause for delay in filing the appeal has been properly explained in the affidavit filed in support of delay condonation application.
Delay is condoned.
Order on Criminal Appeal
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
This criminal appeal has been filed by the appellant with the prayer to quash the impugned NBW dated 31.03.2018 in Sessions Trial No. 104 of 2008 (State Vs. Pappu @ Pramod Singh), under Section 323 IPC and Section 3(1)(X) of SC/ST Act, P.S. Phoolpur, District Allahabad.
From the record, it transpires that on account of failure of the appellant to appear before the court below, non-bailable warrant has been issued against the appellant by the court below vide order dated 31.03.2018.
Learned counsel for the appellant has submitted that the interest of justice shall be served provided some protection is granted by this Court to enable the appellant to appear before the court below.
Considering the facts and circumstances of the case, it is provided that the appellant shall appear before the court concerned and move an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
With the aforesaid directions, this criminal appeal is finally disposed of. Order Date :- 30.7.2019 Nadim