Senthil v. State Rep By

Crl.M.P. No.10807 of 2023 in Crl. A. SR. No.20798 of 2023 Crl.M.P.No.10807 of 2023 in Crl. A. SR. No.20798 of 2023 M.SUNDAR,J., and R.SAKTHIVEL, 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 212 days delay in filing Criminal Appeal being Crl.A.SR.No.20798 of 2023 as against the sentence handed down by learned Sessions Judge, Fast Track Mahila Court, Ariyalur in S.C. No.39 of 2018 on 22.09.2022.

2. Mr.A.Gokulakrishnan, learned State Additional Public Prosecutor accepts notice for the respondent and submits that no other appeal has been preferred by the petitioner.

3. Mr.N.A.Nassir Hussain, learned counsel on record for petitioner is before us.

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Crl.M.P. No.10807 of 2023 in Crl. A. SR. No.20798 of 2023 M.SUNDAR,J., and R.SAKTHIVEL, J., mmi

4. It may not be necessary to dilate further on facts as Mr.N.A.Nassir Hussain, learned counsel for petitioner adverting to support affidavit submits that the petitioner/appellant has no monetary means and in view of the incarceration of petitioner/appellant, his family members were evading to make arrangements to file appeal by engaging a counsel and obtaining necessary copies of the documents from the Trial Court. 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.) (R.S.V.J.) 26.07.2023 mmi Crl.M.P.No.10807 of 2023 in Crl. A. SR. No.20798 of 2023 https://www.mhc.tn.gov.in/judis