HIGH COURT OF SIKKIM
Record of Proceedings
CRL.L.P No.02 of 2024
State of Sikkim Petitioner
VERSUS
Rup Narayan Rai (Chamling) and Others Respondents
Date : 25-09-2024
CORAM :
THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
For Petitioner Mr. Yadev Sharma, Additional Public Prosecutor.
Mr. Sujan Sunwar, Assistant Public Prosecutor.
For Respondents Mr. K. T. Bhutia, Senior Advocate.
Mr. Romit Gurung, Advocate.
ORDER
Rai, J.
Heard on CRL.L.P No.02 of 2024 which is an application
filed under Section 378(3) of the Code of Criminal Procedure,
1973, seeking Leave to Appeal.
Learned Additional Public Prosecutor submits that the
Learned Trial Court was in error in acquitting the
Respondents as it had failed to appreciate the evidence of
PWs 1, 2 and 4. That, the matter is required to be heard on
merits and hence the Petition be allowed.
Learned Senior Counsel for the Respondents has no
submissions to make in this context.
Having heard Learned Counsel for the parties and given
due consideration to the submissions put forth, we allow the
Leave Petition.
Leave Petition stands disposed of accordingly.
Heard on I.A. No. 01 of 2024 which is an application
filed by the State-Appellant under Section 5 of the Limitation
Act, 1963, seeking condonation of 273 days delay in filing
’
the instant Appeal. The grounds for the delay have been
detailed in the said I.A.
Learned Senior Counsel for the Respondents submits
that in view of the grounds given therein they have no
objection to the delay being condoned.
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HIGH COURT OF SIKKIM
Record of Proceedings
We have considered the submissions and have also
considered the grounds for the delay. We are of the view
that the delay has been satisfactorily explained with sufficient
cause. Delay is accordingly condoned.
I.A. No.01 of 2024 stands disposed of.
Register the Criminal Appeal.
Heard on admission.
Admit the Appeal.
Call for the records from the Learned Trial Court.
Let Paper-Books be prepared.
List on 02-12-2024.
Judge Judge
25-09-2024 25-09-2024
ds/bp/sdl
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