1 2025:CGHC:49885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2217 of 2025 • State Of Chhattisgarh Through- Police Station Gurur, Distt. Balod (C.G.) ... Petitioner versus 1. Gulab Singh S/o Mangal Lal @ Madan Lal Aged About 63 Years R/o Village Parsuli, Outpost- Kanwar, Distt. Balod (C.G.) 2. Takeshwar Singh Mande S/o Shri Gulab Singh Aged About 34 Years R/o Village Parsuli, Outpost- Kanwar, Distt. Balod (C.G.) ... Respondent(s) For Petitioner : Mr. Atanu Ghosh, Dy. Government Advocate For Respondent(s) : Mr. Amit Kumar Sahu, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 07.10.2025 1. Heard on I.A. No. 01/2025, application U/s 5 of the Limitation Act for condonation of delay occurred in filing of the appeal. 2. Learned counsel for the petitioner would submit that in the matter of State of Haryana vs. Chandra Mani & Others reported in (1996) 3 SCC 132, the Hon’ble Supreme Court in paragraph 11 of the said judgment has considered the issue of delay caused in filing the appeal. In view of the order passed by the Hon’ble Supreme Court MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.10.09 11:12:59 +0530 2 in case of State of Haryana (Supra), he has prayed that the delay is caused in filing the appeal was unintentional and bonafide and account of mechanism of the Government machinery and prayed for condonation of delay in fling the instant appeal. 3. On due consideration, the same is allowed in delay in filing the appeal is hereby condoned. 4. This acquittal appeal U/s 419(3) of BNSS, 2023 has been filed against the judgment dated 06.11.2024 passed by leaned Judicial Magistrate First Class, Balod, District Balod (C.G.) in Criminal Case No. 599/2023, whereby the Respondents/accused have been acquitted for commission of offence under Sections 435, 506 part-2 & 294 of IPC. 5. Learned counsel for the Appellant submits that he may be permitted to withdraw this appeal with liberty to file an appropriate application before an appropriate forum. 6. Prayer is allowed. 7. Accordingly, the instant appeal is dismissed as withdrawn, with liberty as prayed for. Sd/- (Sanjay Kumar Jaiswal) Judge Manish