SATYENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and learned Additional Public Prosecutor for the State on I.A. No. 3196 of 2018 and I.A. No. 3197 of 2018, filed under Section 378(3) of the Code of Criminal Procedure, as well as on the point of admission.

(2.) Re. I.A. No. 3196 of 2018 I.A. No. 3196 of 2018 has been filed on behalf of the appellant under Section 5 of the Limitation Act for condonation of delay in filing this criminal appeal.

(3.) It is submitted on behalf of the appellant that prior to filing of the instant appeal, the appellant had filed Cr. Appeal No. 2535of 2018 before the learned Single Judge, but since the appeal against the impugned judgment was not maintainable before the Single Judge, the aforesaid appeal was disposed of vide order dated 09.10.2018 and, thereafter, appellant has preferred the present appeal. It is submitted that appellant has filed Cr. Appeal No. 2535 of 2018 in good faith and, therefore, delay in filing the instant appeal should be condoned.