Akash vs State Of Madhya Pradesh

Heard on IA No.5205/2020, an application under Section 5 of the Limitation Act, 1963 for condonation of 147 days delay in filing the present criminal appeal.

Learned counsel for the appellant has submitted that after passing of the impugned judgment of conviction and sentence, the appellant was sent into the custody; and the family members of the appellant are illiterate and daily wage labourer, having no idea of law of limitation period. Therefore, the present appeal could not be filed within the prescribed period of limitation. Hence, he prays for condonation of aforesaid delay in filing the present appeal.

Learned Panel Lawyer for the respondent / State of Madhya Pradesh has not raised any serious objection in allowing the condonation application.

After considering the reasons assigned in the application, sufficient ground is made out for condoning the delay.

Accordingly, IA No.5205/2020 is allowed and delay of 147 days in filing the present criminal appeal is hereby condoned.

Let record of concerned case from the trial Court be requisitioned.

Matter be listed after receipt of record on the question of admission and for consideration of IA No.5203/2020, first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of appellant Akash s/o Tejram Bhil.