Narayani @ Nathiya v. The Inspector Of Police

Crl.M.P.No.14171 of 2023 Crl.M.P.No.14171 of 2023 in Crl.A.SR.No.43994 of 2023 M.SUNDAR, J., and R.SAKTHIVEL, J., [Order of this Court was made by M.SUNDAR,J.,] Captioned 'Criminal Miscellaneous Petition' [hereinafter 'Crl MP' for the sake of brevity, convenience and clarity] has been filed with 'condonation of delay' ['COD'] prayer. To be noted, COD is qua 2814 days delay in filing Criminal Appeal being Crl.A.SR.No.43994 of 2023 as against the judgment of conviction and sentence passed by learned Sessions Judge, Special Court for Bomb Blast Cases, Coimbatore in S.C.No.103 of 2023 on 30.10.2023.

2. Mr.J.P.Krishna, learned counsel on record for petitioner is before us. Learned counsel submits that delay sought to be condoned is neither willful nor wanton but owing to financial difficulty of the petitioner / appellant.

3. Issue notice. 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.

https://www.mhc.tn.gov.in/judis Page Nos.1/2

Crl.M.P.No.14171 of 2023 M.SUNDAR, J., and R.SAKTHIVEL, J., mk

4. Considering the facts and circumstances of the case and the nature of the matter, we accept the reason for delay i.e., the appellant has no source of income to engage a lawyer within the limitation period.

5. Sequitur of the narrative thus far is, delay is condoned and captioned Crl.MP is ordered as prayed for.

[M.S.,J.] [R.S.V.,J.] 11.09.2023 mk Crl.M.P.No.14171 of 2023 in Crl.A.SR.No.43994 of 2023 https://www.mhc.tn.gov.in/judis Page Nos.2/2