Regarding condone delay

vamsidhar (Querist) 09 January 2014 This query is : Resolved
sir,
i like to know that whether high court can condone delay on acquittal in appellate court , wherein there are two condone delay petition filed by state & petitioner which are pending before two different benches/ courts of the high court. does res-subjudice attract to the above problem or not?
plz explain.
thank u
vamsi

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Advocate. Arunagiri (Expert) 09 January 2014
please read Cr.p.c. S. 378. Appeal in case of acquittal. This clearly says the time limit for appeal for different parties.

How both opposite parties file condone delay petition?

Devajyoti Barman (Expert) 09 January 2014
If applications are two filed separately then both parties need to file separately.
Delay is condoned quite liberally.

Dr J C Vashista (Expert) 10 January 2014
Get both the applications clubbed togather and explain delay of each day to the satisfaction of the Court, it can be allowed.

T. Kalaiselvan, Advocate (Expert) 13 January 2014
If a petition for appeal along with a petition to condone delay in filing the appeal is pending on state side too, it has got no impact on the individual's such petition. They both can be decided separately based on merits of each petition.

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