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1999 DIGILAW 1400 (RAJ)

Badariya v. State of Rajasthan

1999-11-18

N.N.MATHUR

body1999
JUDGMENT 1. - Notice of this revision is given to the learned Public Prosecutor and the matter is taken up for final hearing today itself. 2. The learned Addl. Sessions Judge, Sojat City, Pali has refused to condone delay in filing the appeal against the conviction. I have perused the order of the learned Addl. Sessions Judge, Pali. The approach of the Sessions Judge, Sojat City Pali is erroneous. He should try to acquaint himself with the latest decision of this Court and the Supreme Court. In view of this, the impugned order dated 15.10.1999 is quashed and set aside. The application of the accused-petitioner filed under section 5 of the Limitation Act before the learned Addl. Sessions Judge, Sojat City Pali is allowed. The delay in filing the appeal is condoned. The learned Addl. Sessions Judge, Sojat City Pali is directed to register the appeal and proceed with hearing of the appeal in accordance with law.Revision allowed. *******