IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

CRA No. 916 of 2020

(SHANKAR Vs THE STATE OF MADHYA PRADESH AND OTHERS )

Dated : 15-01-2026

Shri Jay Sharma - Advocate for the appellant.

Shri Prashant Jain - G.A. for the respondent/State.

Shri Navneet Kishore Verma - Advocate for the respondent.

Heard on I.A. No.5192/2023, which is an application under Section 5

of the Limitation Act, 1963 seeking condonation of delay in filing the appeal

against acquittal.

2. The appellant has filed the appeal and Office has calculated the

delay of 76 days in filing the appeal.

3. This appeal has been filed being aggrieved by the judgment of

acquittal dated 03.09.2019 whereby the respondents No.2 to 9 have been acquitted from the charges 294, 506-II, 148 324/149 and 323/149 (three counts) of IPC in ST No.528/2015 by Sessions Judge, Ujjain in a case arising

out of Crime No.65/2015 registered at P.S. Bherugarh, Ujjain.

4. The appellant has preferred this appeal on 23.02.2020 and the delay

has been counted treating the period of limitation as 60 days, but as per Limitation Act, 1963, there is no specific provision for filing the appeal under proviso to Section 372 of the Cr.P.C. as held in paras 15, 16 and 17 of order d