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Judgment
Heard learned Counsel for the State.
This application u/s 377 Code of Criminal Procedure has been moved on behalf of the State for enhancement of sentence awarded to the Respondent, who has been found guilty and has been convicted under Sections 323 and 325 IPC, but has been ordered to be released on probation as far back as on 20.03.2008.
While going through the judgment, we find no ambiguity and irregularity in it. The judgment is based on cogent evidence and since maar-peet took place between the parties and Alana bone of one Ramlachhan was found to be fractured, as such, although the Respondent has been convicted but has been ordered to be released on probation for three years. At this juncture, it has been placed before this Court that the Respondent at no point of time involved in criminal activities after being released on probation.
The application has no merit. Accordingly, it is dismissed.
C.M. Application No. 62886 of 2008.
This is an application for condo nation of delay filed by the State along with the memorandum of appeal moved for enhancement of sentence.
As per Stamp Reporter''s report, the appeal is beyond time by 26 days as on 02.07.2008.
Though objection has been filed by the Respondent, but the reasons shown in the affidavit filed in support of the application seem to be germane.
Accordingly the application is allowed and the delay in filing the appeal is condoned.