UT OF J AND K THROUGH SDPO v. MUKAT SINGH AND ANOTHER
Crl LP(D)/56/2023 · 2025-08-11
Sanjay Parihar, Sanjeev Kumar
body2025
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[ 2025 DAILYLAW 4078 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 4078 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 17 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Crl LP (D) No. 56/2023 CrlM No. 1315/2023
UT of J&K …. Petitioner/Appellant(s)
Through:- Mr. Ravinder Gupta, AAG
V/s
Mukat Singh & Anr. …..Respondent(s)
Through:- Mr. Manpreet Singh Saini, Advocate
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER 11.08.2025
CrlM No. 1315/2023
This is an application for condonation of delay of 272 days in filing the acquittal appeal by the UT against an order and judgment dated 07.09.2022 passed by the Court of Presiding Officer Fast Track Court, Jammu (“trial Court”) in case titled “State (Now UT) V/s Mukat Singh and another”, whereby the trial Court has acquitted both the respondents of the charge under Sections 366/376/382/342/170/34 RPC.
We have gone through the application, the objections filed by the respondents and also the judgment impugned in the instant acquittal appeal.
Having regard to the merits of appeal and the nature of
judgment passed by the trial Court, we are of the considered opinion that the ends of justice would be met., if delay is condoned and the matter is
2 Crl LP (D) No. 56/2023
considered on merits. The application is, thus, allowed and the delay of 272 days in filing the acquittal appeal is condoned, subject to payment of costs of Rs. 5,000/-, to be deposited in the Advocates’ Welfare Fund.
Crl LP (D) No. 56/2023
Since we have condoned the delay of 272 days on the basis of merits of the appeal, we, therefore, are of the view that the appellants are entitled to the grant of leave to file appeal. The application is, therefore, allowed and the main appeal is taken on board.
Registry to diarize the appeal and list on 25.08.2025.
(Sanjay Parihar) (Sanjeev Kumar) Judge
Judge
JAMMU 11.08.2025 Rahul