Rajasthan High Court - Jodhpur
State Of Rajasthan vs Sunil Kumar (2026:Rj-Jd:20524) on 30 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:20524]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Leave To Appeal No. 290/2025
State Of Rajasthan, Through Pp
----Appellant
Versus
Sunil Kumar S/o Govind Lal, Aged About 48 Years, R/o Relmagra
Ps Relmagra Former Patwari Patwar Halka Chapli Tehsil Bhim Dist
Rajsamand
----Respondent
For Appellant(s) : Mr. NS Chandawat, Dy.G.A.
For Respondent(s) : Mr. Sunil Kumar, Present-in-Person
HON'BLE MR. JUSTICE FARJAND ALI
Order 30/04/2026
1. Matter comes upon an application under Section 5 of the Limitation Act seeking condonation of delay.
2. For the reasons and grounds mentioned in the application, the same is allowed.
3. The delay of 29 days in filing of the instant criminal leave to appeal is condoned.
4. The instant criminal leave to appeal be treated within limitation.
5. The present application seeking leave to appeal has been placed before this Court for consideration.
6. It is trite that the grant of leave to appeal is a condition precedent for the admission of an appeal and such leave is neither automatic nor a matter of right, but rests within the discretionary jurisdiction of the appellate Court. The purpose of seeking leave is (Uploaded on 01/05/2026 at 11:19:11 AM) (Downloaded on 02/05/2026 at 03:14:09 AM) [2026:RJ-JD:20524] (2 of 2) [CRLLA-290/2025] to obtain the Court's permission to assail the impugned judgment before the appeal is formally entertained.
7. At the stage of consideration of leave, the Court is not expected to undertake a detailed examination of the merits of the case. The scope of scrutiny is confined to ascertaining whether the proposed appeal discloses arguable issues, raises substantial questions of law or fact, or otherwise demonstrates sufficient cause warranting appellate interference.
8. In a prosecution launched against the respondents, the learned trial court after full-fledged trial acquitted the respondents.
9. Upon perusal of the judgment impugned, there appears reasonable grounds to permit the State to prefer an appeal against the acquittal of the accused-respondent from the penal provisions of the IPC.
10. This Court is satisfied that the proposed challenge is neither frivolous nor vexatious and that the issues raised deserve consideration by the appellate Court.
11. Accordingly, the instant application seeking leave to appeal is allowed. The memo of leave to appeal shall be treated as an appeal and shall be registered as such.
12. Opportunity of hearing shall be afforded to the respondent at the time of hearing on the question of admission of the appeal.
13. Office is directed to proceed in accordance with law.
(FARJAND ALI),J 2-divya/-
(Uploaded on 01/05/2026 at 11:19:11 AM) (Downloaded on 02/05/2026 at 03:14:09 AM) Powered by TCPDF (www.tcpdf.org)