1 2025:CGHC:13754 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 907 of 2022 • Mukesh Soni S/o Late Banarsi Soni Aged About 49 Years R/o Mohalla Barejpara, Police Station And Tehsil- Ambikapur, District- Surguja, Chhattisgarh ... Appellant versus • Birbal Sarkar S/o Late Chandicharan Sarkar Aged About 44 Years Occupation - Fish Business(Proprietor- Trishna Fish Marketing), R/o Mohalla, Mayapur, Near Panchdeo Mandir, Police Station And Tehsil- Ambikapur, District- Surguja, Presently Residing Behind Tata Show Room, Manendragarh Road, Mahavirpur, Police Station And Tehsil- Ambikapur, District- Surguja, Chhattisgarh ... Respondent For Appellant : None For Respondent(s) : Mr. Syed Mohammad Sohail Afzal, Advocates Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 22.03.2025 1. Heard on I.A. No. 01/2022, application for condonation of delay filing the appeal. 2. Learned counsel for the respondent would submit that no justifiable reason has been explained by the appellant regarding delayed filing of appeal and even from the perusal of the application, it doesn’t seem that he has some bonafide reason, MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.03.25 10:43:23 +0530 2 thus, he would pray for rejection of the application for condonation of delay as also the CRMP. 3. I have heard learned counsel for the respondent. 4. Considering the fact that the delay pointed out by the Registry is 122 days and also considering the reason assigned in the application, I.A. No. 01/2022, application for condonation of delay filing the appeal is allowed and delay in filing the appeal is hereby condoned. 5. The present CRMP has been filed under Section 378(4) of the Code of Criminal Procedure, 1973 for grant of leave to appeal. 6. On due consideration, application for grant of leave to appeal is allowed. Registry is directed to register the case as regular Acquittal Appeal. 7. Since, Mr. Syed Mohammad Sohail Afzal, Advocate has already made appearance on behalf of the respondent, therefore, no notice is required to be issued. 8. In view of the above, present CRMP stand disposed of. 9. The acquittal appeal be listed on 22nd July, 2025 for final disposal in motion hearing stage. 10. It is directed that the counsel for the appellant shall provide the copy of the appeal to the counsel for the respondent. Sd/- (Narendra Kumar Vyas) Judge Manish