Divan Mujipeer @ Divan v. Union Of India Rep By

Crl. M.P.No.5411 of 2023 in Crl.A.SR.No.17419 of 2023 Crl. M.P.No.5411 of 2023 in Crl.A.SR.No.17419 of 2022 M.SUNDAR, J., and M.NIRMAL KUMAR, J., (Order of the Court was made by M.SUNDAR,J.,) Captioned 'Criminal Miscellaneous Petition' [hereinafter 'Crl MP' for the sake of convenience and clarity] has been filed with 'condonation of delay' ['COD'] prayer. To be noted, COD is qua 26 days delay in filing Criminal Appeal being Crl.A.SR.No.17419 of 2023 as against the rejection of discharge petition by learned Judge, Special Court under The National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee, Chennai in Crl.M.P.No.518 of 2022 in C.C.No.1 of 2020 on 06.02.2023.

2. Mr.R.Karthikeyan, learned Special Public Prosecutor for NIA Cases accepts notice for the respondent and submits that no other appeal has been preferred by the petitioner.

3. Mr.I.Abdul Basith, learned counsel on record for petitioner is before us.

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Crl. M.P.No.5411 of 2023 in Crl.A.SR.No.17419 of 2023 M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi

4. It may not be necessary to dilate further on facts as Mr.I.Abdul Basith, learned counsel for petitioner adverting to support affidavit submits that the petitioner/appellant has little means to arrange funds for preferring the appeal and that has caused the delay. Considering the facts and circumstances of the case and nature of the matter, we have no difficulty in accepting the reason qua COD prayer.

5. Captioned Crl MP ordered as prayed for. Delay condoned. There shall be no order as to costs.

[M.S.J.,] [M.N.K.J.,] 18.04.2023 mmi Crl. M.P.No.5411 of 2023 in Crl.A.SR.No.17419 of 2023 Page Nos.2/2 https://www.mhc.tn.gov.in/judis