yMsas^EiS. ^;il%ffiS%i8i'il ^l£%^.@^si v^SSs^^S' ltled,.281; HIGH COURTOF CHHATTISGARH AT BILASPUR D.B.: Hon'ble Shri Justice Sunil Kumar Sinha and Hon'ble Shri Justice Radhe Shyam Sharma Cr.M.P.No.157of2008 Applicant versus Respondent Surajnath, S/o Shri Hiraman, aged about 50 years, R/o Jamwanpur, P/s Ramanujganj, Tah: Pal, District Surguja (MP) (now CG) State of Chhattisgarh through P/s Ramanujganj, Distt. Surguja (CG) Present: Shri Rahut Mishra/counsel forthe applicant. Shri Ravindra Agrawal, Panel Lawyer for the State/respondent. ApDlication under Section 482 of Cr.P.C. for restoration of Cr.A.No.95/2008 ORAL ORDER (Passedon21stJune,2011) Per Sunil Kumar Sinha. J.: Heard on admission. 2. The applicant has preferred this application for restoration of Criminal Appeal No.95/2008, which was dismissed on 18-3-2008 as barred by limitationafter the application for condonation of delay in preferring the appeal was dismissed for want of prosecution. 3. It appears that the applicant preferred an appeal under Section 449 of the Code of Criminal Procedure against the order dated 1-3-2007 passed by the Special Judge, N.D.P.S.Act, Raipur, District Raipur in M.J.C. No.30/98. The said appeal was barred by '^ aw3$E?asll % limitation of 260 days. Therefore, an application for condonation of delay was filed by the appellanVapplicant. 4. Shri Rahul Mishra, learned counsel appearing for the applicant submits that on 18-3-2008, when the matter came-up for hearing after issuance of notice to the State on I.A.No. 1/2008, an application for condonation of delayin filing the appeal, he was busy before another Bench, therefore, he could not attend the hearing even in two rounds. The above ground taken in restoration application is supported by a suitable affidavit. 5. On due consideration of the submissions made by learned counsel appearing for the parties and the grounds taken in the application, we are satisfied that the absence of counsel for the applicant on 18-3-2008, when Criminal Appeal No.95/2008 was taken-up for hearing, was based on bona fide grounds. 6. Accordingly, Cr.M.P.No. 157/2008 is allowed and Criminal Appeal No.95/2008 is restored to its original number. Sd/- Sunil Kumar Sinha Judge Gopal Sd/- R.S. Sharma Judge