1 2025:CGHC:56430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2240 of 2025 State of Chhattisgarh through The Station House Officer, Police Station Daundilohara, District Baloda C.G. ... Petitioner versus Kailash Netam S/o Narayan Singh Netam, Aged About 40 Years R/o Village Gurami, Police Station Daundilohara, District Balod. C.G. ... Respondent For Petitioner/State : Mr. Ankur Kashyap, Deputy Government Advocate For Respondent(s) : …. None ……. Hon’ble Shri Justice Sanjay Kumar Jaiswal (Order on Board) 19.11.2025 No one appears for the respondent despite service of notice. Heard on I.A. No.1/2025 for condonation of delay of 136 days in filing the petition/appeal. Learned counsel for the petitioner/State submits that after passing the judgment of acquittal, the Law and Legislative Affairs department directed to file appeal and forwarded the case file to the office of Advocate General. He submits that after obtaining necessary documents and instructions with respect to the case, the instant appeal has been filed and ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.12.04 12:02:29 +0530 2 due to departmental formalities, the delay took place, which is bona fide and not intentional. He relies on decision of the Supreme Court in State of Haryana Vs. Chandra Mani (1996) 3 SCC 132 and prays that the delay of 305 days in filing the instant petition/appeal be condoned. Having heard learned State Counsel and for the reasons stated in the application, the delay of 136 days in filing the petition/appeal is condoned. Accordingly, I.A.No.1 is allowed. The present petition has been filed under section 419 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Leave to appeal. Heard. Having perused the impugned judgment of acquittal and other materials available on record, the petition is allowed and leave to appeal is granted. Registry is directed to register the present Cr.M.P. under the head of Acquittal Appeal. Accordingly, the Cr.M.P., stands disposed off. Call for the trial Court records. Since the respondent is not represented despite service of notice, let a bailable warrant in sum of Rs.25,000/- be issued against him through the concerned Superintendent of Police to secure his presence before this Court on the next date of hearing. List the matter on 12.01.2026. Sd/- (Sanjay Kumar Jaiswal) Judge Rao