The apex court accepted the sufficient cause shown for a 493-day delay, condoned it, and dismissed the unpressed prayers in the appeal while permitting the appellant to seek bail from the lower court.
Delay of 493 days was condoned. Unpressed prayers were dismissed. Liberty given to appear before the lower court to seek bail.
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Court No. - 73
Case :- CRIMINAL APPEAL DEFECTIVE No. - 52 of 2020
Appellant :- Lavkush @ Lav Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Hanuman Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Order on Delay Condonation Application
This criminal appeal has been filed beyond time by 493 days.
Cause shown in the affidavit filed alongwith the delay condonation application is sufficient.
Delay is condoned.
Order on Criminal Appeal
After some argument, learned counsel for the appellant had made a statement at the bar that he does not want to press the other prayers made in the instant appeal and seeks to appear before the court below and apply for regular bail, which be directed to be disposed of expeditiously within a stipulated period.
In view of the above, the other prayers made in the appeal are dismissed as not pressed with the liberty to the appellant to appear before the court below and seek bail.
In case the appellant appears and applies for bail before the court below, his bail application be considered and disposed of expeditiously in accordance with law.
With the aforesaid observations, this criminal appeal is disposed of.
Order Date :- 4.4.2022 Mini
Digitally signed by MINI KANAUJIYA Date: 2022.04.04 16:15:31 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to condone a delay of 493 days in filing a criminal appeal.
Lavkush @ Lav Kumar
State of U.P.
Hon'ble Rajiv Gupta,J.
Mini Kanaujiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
