(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Ms.Shah, learned APP waives notice of Rule.
The present application has been preferred for condonation of delay of 1722 days in preferring appeal against the judgment and order passed by the learned Sessions Judge in Sessions Case No.327/05, whereby the accused has been convicted for the offence under section 302 of IPC.
We are conscious of the fact that the delay is a long delay, but the ground contended is that because of the financial inability, the convict could not prefer the appeal. However, he is in jail since 2004 and therefore, it could not be said that during the period of delay, any prejudice has caused to the State or otherwise. Considering the aforesaid read with the grounds stated in the application for condonation of delay, the delay deserves to be condoned and therefore, condoned.
Application allowed to the aforesaid extent. Rule made absolute accordingly.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) *bjoy Top