Bhagirathi Seth vs State Of Chhattisgarh
2021 Latest Caselaw 2129 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                  CRA No. 937 of 2021

                    Bhagirathi Seth Versus State of Chhattisgarh



03.09.2021

Mr. Vikas Kumar Pandey, counsel for the Appellant.

Mr. Jitendra Shukla, PL for the State.

Heard on I.A. No. 01/2021, application for condonation of delay in filing the appeal.

It is found that though the impugned judgment of conviction and order of sentence was passed way back on 25.09.2014, the appeal has been preferred after about 7 years.

Learned counsel for the appellant would submit that the appellant is a poor person and after the judgment of conviction, he remained in jail. He was not provided any assistance or support from his family members also and he was unable to engage any counsel. Later on, he was informed regarding the availability of legal aid for filing the appeal which was finally availed and then appeal has been filed.

Considering the aforesaid submission, we find that present is a case where the appellant has been sentenced to life imprisonment under the impugned judgment of conviction and order of sentence and he could not avail his statutory right of appeal against the judgment of conviction for reasons beyond his control. It appears that while the appellant was undergoing jail sentence, he could not file any appeal for want of proper resources and assistance from his family members until he was identified as an eligible person for providing legal aid through Legal Services Authority.

Considering that the right of appeal is a valuable right and if the appellant is not allowed to contest the matter on merit so as to undergo the life imprisonment, without there being any occasion by this Court of appeal to examine the correctness and validity of impugned judgment of conviction and order of sentence, in the interest of justice, we are inclined to condone the delay in filing the appeal.

Accordingly, delay is condoned.

Also hard on admission.

The appeal is admitted for hearing.

Call for records.

Learned State counsel takes notice and may file objection/reply on application for suspension of sentence and grant of bail within three weeks.

The Registry to prepare paper book as per rules, upon receipt of records.

List this case for consideration of application for suspension of sentence and grant of bail after four weeks.

                          Sd/-                                         Sd/-
                (Manindra Mohan Shrivastava)                      (Rajani Dubey)
                            Judge                                      Judge




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