Buddal vs State

M.M. Gupta, J.—This revision has been filed against the order of the learned Sessions Judge, Fatehpur dated 17-1-1981 under which he held that the appeal filed by the applicant against the forfeiture of his bonds and direction for the payment of the entire amount of bonds towards penalty, to be barred by limitation.

I have been taken through the record by the learned Counsel for the State. It appears that the order against which the appeal was filed was passed by the learned Chief Judicial Magistrate on 26-11-1980. The copy of the order was obtained on the same date but the appeal was filed only on 3rd January 1981 supported by an affidavit in which the applicant stated that he was greatly shocked on hearing the order which resulted in his illness. He, therefore, filed the appeal after recovering from that illness.

The record shows that the period of appeal expired in winter vacation. The courts re-opened on 1st January 1981. On that date the appeal ought to have been filed but the appeal was filed on 3rd January 1981. There was, thus, only delay of two days in filing the appeal. It appears that the delay in filing the appeal was fully and adequately explained. There was no justification in rejecting the appeal as time barred.

The revision is, therefore, allowed. The order of the learned Sessions Judge is set aside and the case is sent back to the learned Sessions Judge for rehearing the appeal on merits.