Nagesh Vs. State of Karnataka

.....and 7 months lower appellate court refusing to condone the delay and dismissed the appeal second appeal held, state which represent the collective cause of the community, does not deserve a litigant. refusing to condone the delay can result in a meritorious matter being thrown out, at the very threshold and cause of justice being defeated. the technicalities of procedure should yield to considerations which would promote public interest and substantial justice. when delay is condoned, the highest that can happen is that a case would be decided on merits after hearing the parties. when substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred. delay was condoned. order of lower appellate court was set aside. matter remitted to lower appellate court for disposal of appeal on merits. - 2. considering the grounds urged in support of the application and other attending circumstances, i am satisfied that the petitioner has made out a case. 25,000/- with one surety in the like sum, to the satisfaction of the learned trial judge within a period of four weeks from now;orderjawad rahim, j.1. heard the learned counsel for petitioner application filed under section 389 of the criminal procedure code, 1973, by which the suspension of sentence is sought. perused the grounds urged therein.2. considering the grounds urged in support of the application and other attending circumstances, i am satisfied that the petitioner has made out a case. hence, the order regarding sentence in c.c. no. 4768 of 2004 passed by the learned ii additional civil judge (junior division) and judicial magistrate first class, bhadravathi dated 30-10-2008 and confirmed by the judgment in criminal appeal no. 118 of 2008 passed by the learned sessions judge, shimoga, dated 20-8-2009, be and the same is hereby suspended subject to the following conditions:(i). the petitioner is directed to execute a bond in a sum of rs. 25,000/- with one surety in the like sum, to the satisfaction of the learned trial judge within a period of four weeks from now;(ii) he shall not leave the jurisdiction of sessions court within which he resides without prior permission.accordingly, the misc. cri. no. 3981 of 2009 is disposed of.