TSHETEN TSHERING BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard 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 701 days' delay in filing the Appeal.

(2.) Learned Counsel for the Applicant submits that he had initially chosen not to file an Appeal but after an Awareness Programme organized in the month of November, 2022, at Central Prison, Rongyek, by the Sikkim State Legal Services Authority and on being aware of his right to Appeal, he has taken a decision to file an Appeal. That, other grounds have been detailed in the Petition. Hence, in light of the grounds put forth, the delay be condoned.

(3.) Learned Additional Public Prosecutor for the State-Respondent submits that in fact the delay has been miscalculated and there was 609 days' delay. That, he does not object to the Petition.