Condonation of delay

ajay raj (Querist) 19 September 2014 This query is : Resolved
an appeal is filed against my friend. he was acquitted in FIR case. now a appeal is filed under 372 crpc in session court. it was filed on 83 day hence late by 23 days. the council from petitioner side alleged in appeal that it was in time. when it was bring in to the notice of court at final hearing (after 11 months), the council take another date. now can he filed condonation application at the time of final argument? if yes , then whether he has to justify only 23 days or 11 months and 23days. the council is senior lawyer.

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Dr J C Vashista (Expert) 19 September 2014
It should not be accepted at this stage. Let the counsel for the accused wait, watch and oppose, if any such application is filed by the appellant.

P. Venu (Expert) 19 September 2014
In a criminal case, less rigorous considerations apply for condonation of delay.

ajay sethi (Expert) 19 September 2014
delay would be condoned in interests of justice

R.K Nanda (Expert) 19 September 2014
agree with experts.

Rajendra K Goyal (Expert) 19 September 2014
The counsel or accused should oppose the prayer of condo nation of delay if submitted at this stage.

V R SHROFF (Expert) 19 September 2014
Court deliver justice, Delay is procedural and , in the interest of justice, delay will be condoned, with a small charge called "COST" PAYABLE TO OPP PARTY.

Anand Bali Adv. (Expert) 20 September 2014
The appellant Advocate only has to file a condonation of delay application for only 23 days and not for the 11 months or so. Usually a small period condonation pray is admitted and some times with "Cost" .

I agree with the experts as above.

Raj Kumar Makkad (Expert) 21 September 2014
I have also the similar opinion.

T. Kalaiselvan, Advocate (Expert) 27 September 2014
The delay is for 23 days only, if he is pleading that he did not file a petition to condone the delay by over sight, the court may allow his petition with cost.

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