Condonation of delay in appeal upheld with costs where repeated requests for modification could not alter provisional release conditions.

A 74-day delay in filing an appeal against a provisional release order was condoned because the appellant had already received the order and had repeatedly sought modification of the release conditions, while the record noted that no provision existed for such modification. The delay was nevertheless condoned subject to payment of costs of Rs. 25,000 within two weeks.

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Issues: Whether the delay of 74 days in filing the appeal against the provisional release order deserved condonation.

Analysis: The application for condonation was considered in the light of the fact that the provisional release order had already been received and that the appellant had made repeated representations seeking modification of the release conditions. The order also recorded that there was no provision for modification of the provisional release conditions.

Conclusion: The delay was condoned, but only on payment of costs of Rs. 25,000 to be deposited within two weeks.

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