High CourtsSingle Bench

Rabin Rai vs State Of Sikkim

Sikkim High Court · Decided on 26 July 2022 · Citation: (2022) 07 SIK CK 0013

HON’BLE JUDGES
Meenakshi Madan Rai, J
ACTS & SECTIONS REFERRED
Limitation Act, 1963 — Section 5
RESULT
Disposed Of
CASE NUMBER
Interim Application No. 01 Of 2022 (An Application Under Section 5 On Limitation Act, 1963) In Criminal Appeal No. 32 Of 2022 (Filing No.)
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Judgment

9 paragraphs · 155 words

Meenakshi Madan Rai, J

Heard on I.A. No.01 of 2022, which is an application filed by the Appellant under Section 5 of the Limitation Act, 1963, seeking condonation of 18 days delay in filing the Appeal.

Learned Senior Counsel for the Appellant submits that the Appeal could not be filed within time on grounds that the Appellant who is in judicial custody was ignorant about the provisions of filing an Appeal and later came to learn of it from his friends in the Prison.

Issue Notice to the State-Respondent.

Mr. Yadev Sharma, Learned Additional Public Prosecutor is present on advance Notice and waives formal Notice. He submits that he has no objection to the application for condonation of delay.

Considered submissions and also the grounds given in the I.A. which are found satisfactory and delay is accordingly condoned.

I.A. No.01 of 2022 stands disposed of.

Register the Appeal.

List for hearing on admission on 09-08-2022.