JUDGMENT:

This Criminal Revision Case is filed by the petitioner aggrieved by the docket order dated 27.12.2024 in Crl.M.P.No.394 of 2024 in Crl.A(SR).No.881 of 2024, on the file of Principal Sessions Judge, R.R.District at L.B.Nagar.

2. Heard learned counsel for the revision petitioner and the learned Assistant Public Prosecutor for respondent-State.

3. Learned Principal Sessions Judge dismissed the application filed by the petitioner under Section 5 of the Limitation Act to condone the delay of 292 days in filing the Appeal.

4. Though several grounds are mentioned in the order by the learned Sessions Judge, however the fact remains that the appeal before the Sessions Court is statutory appeal and the appellant cannot be denied of his opportunity to question the order of the trial Court Judge. In view of the petitioner/accused losing the opportunity of questioning the order of trial Judge before the Sessions Judge, leaned Sessions Judge ought to have condoned the delay.

5. In view of the above observations, the delay of 292 days in filing the Appeal is condoned subject to condition of petitioner paying cost of Rs.25,000/- to the Legal Services Authority. Consequently, the Appeal shal