1. This directed against the order dated 20.02.2008 passed by Sessions Judge, Jagdalpur in unregistered Criminal Appeal, by which, criminal appeal preferred by the applicant was dismissed.

2. Brief facts of the case are as under: -
(2.1)Applicant - Mohan Rao was convicted by the Judicial Magistrate, First Class, Jagdalpur in Criminal Case No. 15/2007 for the commission of offence punishable under S.392 of the Indian Penal Code (henceforth 'IPC? ) on 27.08.2007.
(2.2) The applicant preferred appeal there against before the Court of Session on 7.2.2008 along with application under S.5 of the Indian Limitation Act for condonation of delay in filing appeal.
(2.3) By the impugned judgment, learned Sessions Judge dismissed the application for condonation of delay in filing the appeal finding no sufficient cause has been shown for delay by the applicant and consequently dismissed the appeal also. Against this judgment, the instant revision has been filed.

3. Shri Vimlesh Bajpai, learned counsel appearing for the applicant would submit that learned Sessions Judge has committed illegality in holding that no sufficient cause has been shown in filing the appeal as the applicant was in jail on