ORDER 1. By the Court – In this interlocutory application, the appellant has prayed for condonation of 99 days' delay in filing the criminal appeal. 2. It has been submitted that after judgment of conviction, appellant had to file this appeal through his brother who is his pairvikar. But, in the meanwhile, appellant's mother fell seriously ill. There was no male member except his brother to look after her mother. Appellant's brother became busy in attending the ailing mother. When he got some time he immediately rushed to the counsel and instructed him to file this appeal. Memorandum of appeal was thereafter prepared and immediately thereafter the appeal was filed without any delay. It has been further submitted that there was no willful delay and negligence on the part of the appellant in not preferring the appeal within time and he was prevented from filing this appeal earlier under the aforesaid circumstance beyond his control. 3. Learned APP opposed the prayer and submitted that there is long delay in filing this appeal. However, no affidavit in opposition has been filed controverting the reasons explained in the application. 4. Having heard the learned counsel for the parties and perused the application this Court is satisfied that there was no deliberate negligence on the part of the appellant and he was prevented from filing the appeal within time under the aforesaid circumstance beyond his control. 5. This interlocutory application is, accordingly, allowed. Delay in filing the appeal is condoned. 6. I.A. No. 5844 of 2013 stands disposed of. In course of hearing of IA No. 5844 of 2013, we also heard this criminal appeal on admission matter, with the consent of the parties. Admit. Call for the Lower Court Records. Prayer for suspension of sentence shall be considered on receipt of Lower Court Records. In this interlocutory application, appellant Kartik Singh has prayed for his provisional bail to perform the rituals of 'Shradha' of his mother, who died on 30.9.2013. 2. Learned counsel for the appellant submitted that there are rituals of thirteen days in the custom of the appellant's community, which have to be performed after death of the parents, learned counsel for the appellant further submitted that appellant shall surrender before learned Court below after performing file said rituals, medical certificate, showing the death of appellant's mother, has been annexed as Annexure-1 to the application. 3. 3. Learned APP has not controverted the said contentions of the appellant. 4. Regard being had to the facts and circumstances, appellant Kartik Singh is directed to be released on provisional bail till 20th of October, 2013, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions Judge-III-cum-FTC (CAW), Ranchi in Sessions Trial No. 226 of 2004 (T.R. No. 43 of 2011) with the condition that one of the bailors shall be his family member. 5. The appellant shall surrender before learned Court below on or before 21st of October, 2013. 6. In case of failure of the appellant to comply with the order and surrender before the learned Court-below by the aforesaid date, learned Court-below shall take all legal measures for taking him in custody for serving out the sentence. 7. I.A. No. 7777 of 2013 stands disposed of. I.A. disposed of.