Citation : 2021 Latest Caselaw 2689 Chatt
Judgement Date : 4 October, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1120 of 2021
Ramesh Kumar Patel Versus State Of Chhattisgarh
04.10.2021 Ms. Aftabun Nisha, Counsel for the appellant.
Mr. Mateen Siddiqui, Dy. AG for the respondent/State.
Heard on IA No.1 - for condonation of delay in filing appeal. Though there is long delay in filing this appeal against
judgment of conviction and order of sentence, we find that the
appellant is in jail and the cause shown in the application is that the
appellant is a poor person and having remained in jail, no
arrangement could be made for filing appeal and even relative could
not be contacted. Finally after taking advice, appeal has been filed.
Considering the aforesaid submission, particularly taking into
consideration that the appellant is in jail since the date of impugned
judgment of conviction and order of sentence and the appellant has
been sentenced life imprisonment, it would be in the interest of
justice to allow the appellant an opportunity to contest the matter on
merits rather than suffering the life sentence without being allowed to
avail the remedy of appeal available to him under the law. Therefore,
in view of above consideration we are inclined to condone the delay.
Appeal is admitted for hearing.
Call for the records.
Heard on IA No.1 application for suspension of sentence and grant of bail.
State counsel takes notice and is granted 3 weeks time to file reply / objection to the bail application.
Registry is directed to prepare paper book.
Matter be listed after four weeks.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Ajay
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