Uttarakhand High CourtCRLA/316/2023 on 26 May, 2023Author:Pankaj PurohitBench:Manoj Kumar Tiwari,Pankaj PurohitOffice Notes,\n             reports, orders or\nSL.           proceedings or\n      Date                                        COURT'S OR JUDGES'S ORDERS\nNo             directions and\n             Registrar's order\n              with Signatures\n                                  CRLA No.316 of 2023\n                                  With\n                                  Bail Application (I.A. No. 3 of 2023)\n                                  Hon'ble Manoj Kumar Tiwari, J.Hon'ble Pankaj Purohit, J.Mr. Gaurav Singh, learned counsel for\n                                  the appellant.2.     Mr. J.S. Virk, learned Deputy Advocate\n                                  General with Mr. Pankaj Joshi, learned Brief\n                                  Holder for the State.3.     This Criminal Appeal has been filed\n                                  underSection 374 (2)of the Code of\n                                  Criminal       Procedure,          1973    against    the\n                                  judgment and order dated 08/09.02.2023,\n                                  passed by learned Ist Additional Sessions\n                                  Judge, Roorkee, District Haridwar, whereby\n                                  the appellant was convicted and sentenced\n                                  to life.Delay Condonation Application (I.A. No. 2 of 2023)4.     There is a delay of 43 days' in filing\n                                  this criminal appeal. An application seeking\n                                  condonation of delay has been filed by the\n                                  appellant.5.     Mr. J.S. Virk, learned Deputy Advocate\n                                  General        does       not     oppose    the      delay\n                                  condonation application, as the appellant is\n                                  languishing in jail.6.     In such view of the matter, delay in\n filing    the    criminal   appeal     is    condoned.\nAccordingly, delay condonation application\nis allowed.Exemption Application (I.A. No. 1 of 2023)7.       Appellant has moved this application\nseeking exemption from the condonation of\nfiling of the certified copy of the impugned\njudgment and order dated 08/09.02.2023,\nwhich is sought to be challenged in this\nappeal.8.       Learned      counsel   for   the     appellant\nsubmits that since the lower court record\nhas      been    summoned       by    this    Court   in\nconnected Criminal Appeal No. 78 of 2023,\nand a free copy, which was supplied to the\nlearned counsel for the appellant, at the\ntime      of    his   conviction   has       been   lost,\ntherefore, he is not in a position to file a\ncertified copy of the said judgment with this\nappeal.9.       Learned counsel for the State does not\noppose the prayer for exemption.10.      Accordingly, the exemption application\nis allowed and the requirement of filing of\nthe certified copy of the said impugned\njudgment is dispensed with.11.      Admit the appeal.12.      Since lower court record is summoned\n in the said appeal, therefore, the bail\napplication shall be considered on the next\ndate of listing.13.   List this case on 17.08.2023.14.   Learned counsel for the State may file\nobjection to the bail application, if any, in\nthe meantime.(Pankaj Purohit, J.)   (Manoj Kumar Tiwari, J.)\n               26.05.2023\n\nShubham