Criminal Miscellaneous Petition seeking condonation of 304 days delay to file leave to appeal against father-in-law's conviction under Section 304B IPC. Court allowed leave to appeal and treated it as acquittal appeal.
Delay of 304 days condoned; leave to appeal granted; application registered as acquittal appeal.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Miscellaneous Petition No.149 of 2012
State of Chhattisgarh, through the Police Chowki Urga, Police Station Kotwali, Korba, District Korba (Chhattisgarh)
----- Petitioner
versus
All R/o Bhaisma, Chowki Urga, P.S. Kotwali, District Korba, At present Qr. No.427/M, Vikas Nagar, Kusmunda, P.S. Kusmunda, District Korba (Chhattisgarh)
----- Respondents
and
Criminal Appeal No.209 of 2011
| 8 | |
|---|---|
| 20/1/2016 | Ms. Madhunisha Singh, Panel Lawyer for the State/Petitioner. |
| Shri Ramakant Pandey, Advocate for the Respondents. |
|
| I.A. No.1 of 2012 has been filed to condone delay of 304 days in filing the application for leave to appeal. We have heard Learned Counsel for the parties. In view of the conviction of father-in-law under Section 304B IPC for seven years and against which Criminal Appeal No.209 of 2011 has also been filed, we consider it proper to condone the delay and grant leave to appeal. Delay is condoned. The application for leave to appeal is allowed. Let it be registered as an acquittal appeal. |
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| No fresh notice need issue as the Respondents |
|---|
| are duly represented. |
| List both the appeals for hearing together. |
| Sd/- Sd/- |
| (Navin Sinha) (P. Sam Koshy) |
| Chief Justice Judge |
| Gopal |
|---|
1 issue framed by the court
Whether the delay of 304 days in filing the stay rule leave should be condoned.
State of Chhattisgarh
Deocharan Kaushik
Ramnath Kaushik
Shanti Bai
Ashok Kumar
Laxmin Bai
Navin Sinha
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
