RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special leave granted.

(2.) This is an appeal in which the High court declined to examine the appeal on merits on the ground that there is a delay of 49 days in filing the appeal. The appellant was in jail. He has submitted an application explaining the circumstances in which the delay occurred in filing the appeal. Having regard to those circumstances, we think that the High court ought not to have dismissed the appeal on the only ground that the appeal is barred by limitation. There is a good ground for condoning the delay. Accordingly, we allow this appeal, set aside the order of the High court dismissing the appeal as lime barred and remit the case to the High court to admit it as appeal and dispose it of on merits. Liberty to move the High court for bail.