TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TARA Chand -appellant has filed this appeal against the acquittal of respondents No.2 to 6 by learned Additional Sessions Judge, Ferozepur vide her judgment and order dated 26.02.2013. Along with the appeal, criminal miscellaneous application has been filed seeking condonation of 615 days' delay in filing the appeal.

(2.) IT is to be noticed that respondents No.2 to 6 have been acquitted. In the application seeking condonation of delay, it is submitted that delay in filing the appeal occurred due to the fact that the applicantappellant was convicted in the cross -case in the same FIR. He was made to understand by his co -convict in jail that there was no need to file a separate appeal against the acquittal of respondents No.2 to 6 as it was one FIR only. The applicant -appellant has filed an appeal against his conviction in the said FIR. It was later on when the applicant -appellant contacted his counsel at Chandigarh, he came to know that a separate appeal against acquittal was to be filed. Therefore, in the said circumstances, a delay of 615 days has occurred in filing the appeal, which it is stated, is neither intentional not willful and if the delay in filing the appeal is not condoned, then the applicant -appellant will suffer irreparable loss inasmuch as his defence in the case in which he has been convicted may be affected.

(3.) LEARNED senior counsel appearing for the appellant submits that the appeal of the appellant against his conviction i.e. Criminal Appeal No.D - 243 -DB of 2013 is pending in this Court. In case, the present appeal is not ordered to be heard along with the said appeal, the defence of the appellant in the said criminal appeal i.e. Criminal Appeal No.D -243 -DB of 2013 may be affected as the applicant -appellant may not be able to urge effectively the cross -version that has been set up. Therefore, it is submitted, delay in filing the appeal may be condoned and the appeal be listed along with the connected appeal of the appellant against his conviction.