Order 3

Order Details: COPY OF ORDER
Pdf Text: CA No. 102/2026
Salman Vs. State (GNCTD)
PS Shakarpur
17.04.2026
File has been taken up today on the application
moved by LAC for the appellant seeking preponement of the date
of hearing.
Present:- Appellant with Ld. LAC Ms. Farzana Akhtar.
Sh. S.K. Tripathi, Ld. Addl. PP for the State/
respondent.
Above said application has been moved today itself.
In view of the submissions made by the LAC for the
appellant, contents of the application and in the interest of
justice, the application stands allowed and the next date of
hearing i.e. 17.07.2026 is preponed to today itself.
An application seeking condonation of delay in
filing the appeal has been moved.
Notice of the application seeking condonation of
delay in filing the appeal and of the appeal has been accepted by
the Ld. Addl. PP for the State on behalf of State/respondent.
LAC for the appellant submits that in the instant
case, the appeal could not be filed within the prescribed time
period due to the time taken in the process of the appointment of
Legal Aid Counsel and preparation of the appeal.
She also submitted that the appeal has been filed
with a delay of only 14 days.
Contd….1/3
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Ld. Addl. PP for the State/respondent submits that
the reasons explained by the LAC for the appellant is not
sufficient to condone the delay.
Heard. Record perused.
In Esha Bhattacharjee Vs. Managing Committee of
Raghunathpur Nafar Academy Civil Appl. No.8183-8184/2013,
decided on 13.11.2013, it was held by Hon’ble Supreme Court
that there should be a liberal, pragmatic, justice oriented, non-
pedantic approach while dealing with an application for
condonation of delay, as the courts are not supposed to legalise
injustice but are obliged to remove injustice. It was also held that
the terms “sufficient cause” should be understood in its proper
spirit, philosophy and purpose regard being had to the fact that
these terms are basically elastic and are to be applied in proper
perspective.
It was further held that substantial justice being
paramount and pivotal the technical considerations should not be
given undue emphasis.
Therefore, considering the submissions made by
LAC for the appellant, the law laid down in Esha Bhattacharjee
(supra) and in the interest of justice, the delay in filing the appeal
is hereby condoned.
Along with appeal, an application has also been
moved for suspension of sentence and grant of bail.
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Considering the submission made by LAC, the fact
that appeal involves mixed question of facts and law and hence,
its disposal will take time, execution of the impugned
judgment/order is suspended till the disposal of the appeal.
Appellant is admitted to bail on furnishing of
personal bond in the sum of Rs. 25,000/- with one surety in the
like amount, subject to the satisfaction of Ld. Trial Court.
TCR be summoned two days prior to the next date
of hearing.
Put up for arguments on 21.07.2026.
Copy of this order be given dasti, as prayed for and
be also sent to Ld. Trial Court.
(Subhash Kumar Mishra)
Additional Sessions Judge-03,
East, KKD Courts, Delhi
17.04.2026
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