- (1.) IN this interlocutory application, the appellant has prayed for condonation of 99 days' delay in filing the criminal appeal.
(2.) IT has been submitted that after judgment of conviction, appellant had to file this appeal through his brother who is his pairvikar. But, in the meanwhile, appellant's mother fell seriously ill. There was no male member except his brother to look after her mother. Appellant's brother became busy in attending the ailing mother. When he got some time, he immediately rushed to the counsel and instructed him to file this appeal. Memorandum of appeal was thereafter prepared and immediately thereafter the appeal was filed without any delay. It has been further submitted that there was no willful delay and negligence on the part of the appellant in not preferring the appeal within time and he was prevented from filing this appeal earlier under the aforesaid circumstance beyond his control. Learned APP opposed the prayer and submitted that there is long delay in filing this appeal. However, no affidavit in opposition has been filed controverting the reasons explained in the application.
(3.) HAVING heard the learned counsel for the parties and perused the application, this Court is satisfied that there was no deliberate negligence on the part of the appellant and he was prevented from filing the appeal within time under the aforesaid circumstance beyond his control.;