STATE Vs. MUKESH

JUDGEMENT

(1.) Allowed subject to all just exceptions. This is an application seeking condonation of delay of 109 days in filing the petition seeking leave to appeal.

(2.) The applicant has contended that the copy of the judgment dated 14th December, 2009 was applied on 18th March, 2010 which was delivered on 20th March, 2010.

(3.) The learned counsel has asserted that the certified copy of the judgment was applied after the expiry of period of limitation, however, considering the averments made in the application, there is sufficient cause for condonation of delay. The applicant has sought condonation of 65 days delay, however, on computation, it is apparent that there is a delay of 109 days in filing the petition for leave to appeal. Considering the facts and circumstances, there appears to be sufficient cause for condoning the delay of 109 days in filing the petition for leave to appeal. The application for condonation of delay is, therefore, allowed and delay of 109 days in filing the petition for leave to appeal is condoned.