Ompal vs State
2023 Latest Caselaw 2628 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL APPEAL No. - 2055 of 1990
 

 
Appellant :- Ompal
 
Respondent :- State
 
Counsel for Appellant :- S.A. Ali
 
Counsel for Respondent :- D.G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Shiv Shanker Prasad,J.

This Jail Appeal is preferred by the accused appellant Ompal against the conviction and sentence in Sessions Trial No. 459 of 1987, arising out of Case Crime No. 69 of 1987, under Sections 302, 376/511 IPC, Police Station - Sherkot, District - Bijnor. The appeal is pending since 1990.

Subsequent to filing of jail appeal by the accused appellant, he has also preferred Criminal Appeal U/s 374 (2) Cr.P.C. No. 1405 of 1990, wherein the judgment of conviction and sentence assailed in the present jail appeal, is challenged.

We do not find any reason to entertain two separate appeals arising out of the same judgment of conviction and sentence. Since subsequent appeal of the accused appellant is being pursued by his private counsel, we propose to hear the same on merits.

Leaving all arguments open for challenge in the regular appeal of the accused appellant No. 1405 of 1990, the instant Jail Appeal No. 2055 of 1990 is consigned to records.

Order Date :- 24.1.2023

Ranjeet Sahu