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Issues:
Condonation of delay under Section 5 of the Limitation Act for filing an appeal after the death of the original appellant. Applicability of Section 5 of the Limitation Act in cases where the Code of Criminal Procedure fixes a specific time limit for filing appeals. Interpretation of previous Supreme Court judgments regarding the extension of time limits under special laws. Analysis: The case involved a widow seeking to continue an appeal filed by her deceased husband against a conviction under Section 135A of the Customs Act. The widow filed a petition under Section 5 of the Limitation Act to condone a delay of 195 days in filing the appeal after her husband's death. The respondent opposed the petition, arguing that Section 5 of the Limitation Act cannot be invoked when a special enactment has fixed a specific time limit for filing appeals, as in this case under Section 394(2) of the Code of Criminal Procedure. The Sessions Judge, following the decision in Lala Ram v. Hari Ram, held that Section 5 of the Limitation Act is not applicable to extend the time limit set by the Code of Criminal Procedure. The petitioner, relying on the Supreme Court decision in Manguram v. Delhi Municipality, contended that Section 5 of the Limitation Act should be applied to extend time limits under special laws. The petitioner also argued that the appeal should not abate entirely due to the composite sentence of imprisonment and fine imposed on the original appellant. The court referred to the Supreme Court judgment in Harnam Singh v. State of Haryana, which held that when an appeal arises from a sentence of fine, it does not abate on the death of the appellant. The court concluded that the widow of the deceased appellant should be allowed to continue the appeal not only against the fine but also the substantive sentence of imprisonment. Therefore, despite the delay in filing the petition, the widow was permitted to continue the appeal against the entire conviction. In conclusion, the High Court allowed the revision, condoned the delay, and permitted the widow to continue the appeal against the conviction under Section 135A of the Customs Act, including both the fine and the sentence of imprisonment.
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