Arun Kumar v. State Rep. By

Crl.M.P.No.15574 of 2023 Crl.M.P.No.15574 of 2023 in Crl.A.SR.No.48098 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 557 days delay in filing Criminal Appeal being Crl.A.SR.No.48098 of 2023 as against the judgment of conviction and sentence passed by learned Additional District Sessions Judge at Krishnagiri in S.C.No.118 of 2015 on 27.01.2020.

2. Ms.J.Sudeksha, 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 imprisonment at Central Prison, Vellore, he was unable to contact lower Court counsel.

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.15574 of 2023 M.SUNDAR, J., and R.SAKTHIVEL, J., rsi

4. Considering the facts and circumstances of the case and the nature of the matter, we accept the reasons for delay i.e., imprisonment at Central Prison, Vellore and unable to contact lower Court counsel owing to imprisonment.

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.] 29.09.2023 rsi Crl.M.P.No.15574 of 2023 in Crl.A.SR.No.48098 of 2023 https://www.mhc.tn.gov.in/judis Page Nos.2/2