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Judgment
Heard on IA No.1287/2020, an application for dispensing with filing of affidavit in support of application for condonation of delay.
After due consideration, the application is allowed; and the appellant exempted from filing affidavit in support of the application for condonation of
delay.
Accordingly, IA No.1287/2020 stands disposed of.
Heard on IA No.1288/2020, an application under Section 5 of the Limitation Act, 1963 for condonation of 129 days delay in filing the present
criminal appeal.
Learned counsel for the applicant has submitted that after passing of the judgment of conviction, the appellant was in custody, and therefore, the
present appeal has been filed through Legal Aid Services. Hence, the same could not be filed within a prescribed period of limitation.
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.1288/2020 is allowed and delay of 129 days in filing the present criminal appeal is hereby condoned.
Heard on the question of admission.
Criminal appeal is admitted for final hearing.
Mr. Anendra Singh Parihar, learned Panel Lawyer accepted the notice on behalf of the respondent / State of Madhya Pradesh, therefore, no separate
notice is required.
Let record of concerned case from the trial Court be requisitioned.