TALMAN RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Learned Legal Aid Counsel on I.A. No. 01 of 2023, which is an application filed by the Applicant under Sec. 5 of the Limitation Act, 1963, seeking condonation of two days delay in filing the instant Appeal. Issue Notice to the State-Respondent. Learned Additional Public Prosecutor is present for the State-Respondent on advance Notice and waives formal Notice. Learned Additional Public Prosecutor has no serious objection to the delay of two days.

(2.) Considered submissions, we find that the delay has been sufficiently explained and the grounds are bona fide. We are inclined to exercise our discretion to condone the delay and order accordingly. I.A. No.01 of 2023 stands disposed of. Register the Appeal. Heard on admission. Admit the Appeal. Call for the records from the Learned Trial Court. Let Paper-Books be prepared. List on 11/10/2023.