STATE OF WEST BENGAL Vs. SAMBHU NATH SARDAR

JUDGEMENT

(1.) -Let us first take up the hearing of the application for condonation of delay in filing the instant appeal. On the question of condonation of delay, we have heard the learned counsel for the State and learned counsel for the writ petitioner/respondent. We have carefully perused the averments made in the application for condonation of delay. After hearing the learned counsel for the parties and after going through the averments made in the application for condonation of delay, we hold that sufficient cause has been shown by the State of West Bengal and others for condoning the delay in filling the appeal. Accordingly, the application for condonation of delay is allowed: and delay in preferring the appeal is condoned.

(2.) Let the appeal be registered if it is otherwise in form. There will be no order as to costs. Re : Application for stay (CAN 679/2001)

(3.) When some arguments were advanced on the prayer for grant of interim relief during the pendency of the appeal, the learned counsel for the parties suggested before us that instead of disposing of the application for grant of interim relief, the appeal itself can be disposed of the by treating the same as on day's list. Accordingly, by consent of parties, the appeal is treated as on day's list and taken up for final disposal.