State Of Chhattisgarh v. Wahid Khan And ORS.

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 61 of 2016 State Of Chhattisgarh Versus Wahid Khan & Ors. 01/09/2017 Shri Sangharsh Pandey, Dy. GA for the State/appellant. Shri Waquar Naiyer, Advocate on behalf of Shri DK Gwalare, Advocate for respondents No.1 & 3.

Shri Sandeep Singh, Advocate for respondents No.2 & 4. Shri Sunil Otwani, Advocate for respondent No.5. Shri HS Ahluwalia, Advocate for respondent No.6. Despite service of notice, no representation is made on behalf of respondent No.7.

Heard on I.A. No.1/16, which is an application for condonation of delay in filing the appeal.

On due consideration and being satisfied with the reasons stated in the application, which appears to just and proper, delay of 43 days in filing the appeal is condoned. Accordingly, I.A. No.1/16 is allowed.

Also heard on application for leave to appeal. Perused the statement of Ram Avtar Pathak (PW10) and record.

Considering the same, the court is of the opinion that the contention made by the State counsel requires to be considered. Consequently, application for grant of leave to appeal is allowed. Registry is directed to register the case as Acquittal Appeal.

Since all the respondents are represented, no further notice is required.

List it after four weeks.

Sd/- Goutam Bhaduri Judge Ashu