Convicted daily wager sought condonation of a 158-day delay in filing a criminal appeal, explaining he filed from prison without assistance. The State raised no objection. The court found the reasons satisfactory and condoned the delay.
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Crl.M.P.No.3181 of 2024 in Crl.A.SR.No.176 of 2024
M.NIRMAL KUMAR, J.
This petition is filed to condone the delay of 158 days in filing the above appeal.
2.The learned counsel for petitioner submits that the petitioner was convicted by the trial Court in Spl.C.C.No.59 of 2020 by judgment dated 25.04.2023. Since the petitioner is a daily wager and nobody helped him to prefer an appeal, he could not prefer the appeal within time. Thereafter from the prison this appeal has been filed. Hence, a delay of 158 days occurred.
3.Mr.S.Raja Kumar, learned Additional Public Prosecutor takes notice for the respondent and he has got no objection in allowing this petition.
4.Being satisfied with the reasons stated in the affidavit filed in support of the petition, the delay stands condoned and the petition is ordered.
04.03.2024
rsi
Note: Registry is directed to number the Criminal Appeal, if it is otherwise in order.
1 issue framed by the court
Whether the 158-day delay in filing the criminal appeal from prison should be condoned?
Petitioner (convict in Spl.C.C.No.59 of 2020)
State, represented by the Additional Public Prosecutor
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
