ANJANI DEVI Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) By way of the present application preferred under Section 5 of the Limitation Act, the petitioner seeks condonation of 45 days delay caused in filing the application under section 378 (4) of the Code of Criminal Procedure.

(2.) It has been contended by the learned counsel for the petitioner that the impugned judgment passed by the learned Magistrate was pronounced on 19th August 2015 and the appellant received certified copy of the judgment on 31st August 2015, but immediately after receiving the copy of the judgment, he fell ill and was advised complete bed rest by the doctor and, therefore, he could not file the application seeking leave to appeal within the period prescribed under law.

(3.) Regard being had to the pleadings made and the argument advanced at the Bar, the delay caused in filing the application is herby condoned.