SAMAR SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal was filed beyond the prescribed period of limitation. There was delay of 80 days in filing this appeal. An application being CAN 5398 of 2016 has been taken out for condonation of delay.

(2.) After hearing the learned counsel appearing for the parties and after considering the uncontroverted averments made in this application, we allow the appellant's application for condonation of delay as we find that the reason which prevented the appellant from filing this appeal within the prescribed period of limitation has been sufficiently explained by the appellant. The application for condonation of delay is thus allowed and the appeal is registered accordingly.

(3.) By consent of the learned counsel for the parties we take up the appeal itself for final disposal.