HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 177/2023
Shahjad @ Ghoda Son Of Subrati
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Santosh Srivastava For Respondent(s) : Mr. Riyasat Ali, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 31/01/2023 Heard learned counsel for the appellant. The objection of the office is that present appeal is time barred by 1564 days for which delay condonation application under Section 5 of the Limitation Act has been filed. Learned counsel for the appellant submits that this is the first appeal preferred by appellant before this Court. Appellant accused Shahjad @ Ghoda was convicted and sentenced on dated 04.08.2019 in Sessions Case No. 43/2008 by learned Additional Sessions Judge, Gangapur City, Sawaimadhopur emanating from FIR No. 251/2008 P.S. Gangapur City. The record further indicated that S.B. Criminal Appeal No. 2163/2018 filed by another accused Aneesh was admitted on 18.09.2019. The judgment further indicated that on date of sentence dated 04.08.2018 accused Shahjad @ Ghoda remained absent and his arrest warrant was ordered to be issued. No custody certificate is available. Office is directed to ensure that custody certificate is obtained either through office of PP or by digital means by using E-Prison Portal.
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