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Judgment
The present application has been filed by the applicant seeking condonation of delay of 14 days in preferring the Criminal Appeal against the Judgment and Order dated 12/04/2023 passed by the Learned Chief Judicial Magistrate, “A” Court, Panaji, Goa in Other Act Case No. 259/OA/2016/A.
The reasons are cited in the application for condonation of delay as to why there was delay in filing the application. Applicant has stated that impugned order came to be passed on 12/4/23. The application for the certified copy of the impugned Judgment and Order was made on 17/04/2023 and the copy was ready on 20/04/2023 which was received on 24/04/2023. It is further stated that due to the summer vacation from 06/05/2023 to 01/06/2023 and the temporary closure of the Advocate’s office, the original case files could not be traced and were located only in the last week of June 2023, resulting in a delay of 14 days in filing the appeal.
The applicant has submitted that the delay was neither wilful nor deliberate but was caused due to bona fide circumstances beyond control. It is also stated that the applicant has a fair chance of succeeding on merits, and that not condonation of the delay would cause grave prejudice and irreparable loss to the applicant.
Learned counsel for Respondent No. 1 and the learned Additional Public Prosecutor submitted that they would abide by the orders of this Court and left the matter to its discretion.
Upon perusal of the record and the reasons assigned in the application, this Court is satisfied that sufficient cause has been shown for the delay in filing the appeal.
In view of the foregoing and in the interest of justice, the application is allowed. The delay of 14 days in filing the Criminal Appeal is condoned.
Application stands disposed of.