Kitchen Buhari @ Buhari @ Ummar Sultan @ Syed Mohammed Buhari v. State Rep.By

Crl.M.P.No.19858 of 2023 Crl.M.P.No.19858 of 2023 in Crl.A.Sr.No.53841 of 2023 M.S.RAMESH, J.

AND SUNDER MOHAN , J.

[Order of the Court was made by M.S.RAMESH, J.

] In the counter affidavit of the respondent, it was stated that the petitioner herein has involved in 44 previous cases, and the appeals of the coaccused that were dismissed before this Court have been challenged before the Hon'ble Supreme Court, and therefore, the learned Additional Public Prosecutor sought for rejection of the present petition.

2. On consideration of the reasons assigned in the affidavit filed in support of this petition and also by taking note of the fact that since the petitioner has not challenged the judgement in S.C.No.2 of 2000, which has been cited as an impediment for consideration of his request for premature release, we are inclined to condone the delay. This apart, the right to appeal is also a fundamental right, therefore, since we are of the view that the reasons assigned by the petitioner for preferring the appeal belatedly, seems to be satisfactory. Hence, we are inclined to allow this petition. https://www.mhc.tn.gov.in/judis

Crl.M.P.No.19858 of 2023 M.S.RAMESH,J.

and SUNDER MOHAN , J.

Anu

3. Accordingly, this petition is ordered.

[M.S.R., J] [S.M., J] 20.02.2024 Anu Crl.M.P.No.19858 of 2023 in Crl.A.Sr.No.53841 of 2023 https://www.mhc.tn.gov.in/judis