STATE OF WEST BENGAL Vs. RAJESH DUTTA

JUDGEMENT

(1.) This Court passed an order on August 23, 2022 in open Court thereby dismissing the appeal after hearing the parties at length. However, when the file along with the said order was placed before us for signature it came to our notice that the appeal was filed beyond the prescribed period of limitation and the appeal was taken up for consideration and dismissed on August 23, 2022 without any order on condonation of delay.

(2.) We accordingly directed this matter to be placed under the heading "To Be Mentioned" without putting our signature on the said order.

(3.) Today, when the matter is taken up for hearing, this Court after considering the prayer made for condonation of delay and upon hearing the learned advocates of the parties and also that the parties advanced arguments on merits of the appeal, this Court is inclined to exercise its discretion to condone the marginal delay in preferring the appeal. Accordingly, delay in preferring the appeal is condoned. The order dictated by the Court on August 23, 2022 shall be treated to be the order passed today in the appeal and the stay application. The order, which was dictated in open Court on August 23, 2022, is set out hereunder.