ORDER

Leave granted.

This appeal filed by the accused in Sessions Trial No.59/96 of the Court of the Sessions Judge, Sarguja, Ambil ...... P. is directed against the judgment/order passed by the High Court of Madhya Pradesh on 23rd August, 1999 dismissing the Criminal Appeal No. 2061 of 1999 on the ground of delay of 199 days in filing the appeal holding that it was not satisfied that there was sufficient ground for condonation of the delay. The High Court did not consider the case on merit. The applicant had filed the appeal before the High Court from the prison. The Special Leave Petition giving rise to this appeal was also filed from the prison.

2. On perusal of the record and on consideration of the submissions made by learned Counsel for the parties, we are of the view that the High Court should dispose of the appeal on merits. Accordingly, the appeal is allowed. The judgment/order of the High Court dated 23-8-1999 in Criminal Appeal No. 2061 of 1999 is set aside and the appeal is remitted to the High Court for disposal on merits in accordance with law. The High Court is requested to take up the case expeditiously.

Appeal allowed.