Dhananjay Singh Munda vs The State Of Jharkhand
2021 Latest Caselaw 4681 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Appeal (DB) No. 593 of 2020

        Dhananjay Singh Munda                                 ---    ---   Appellant
                                             Versus
        The State of Jharkhand                              ---      ---   Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary Through Video Conferencing

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For the Appellant : Mr. Amit Kr. Verma, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P.

06/08.12.2021 Heard learned counsel for the appellant Mr. Amit Kr. Verma nominated by the Jharkhand High Court Legal Services Committee and learned A.P.P. Mr. Bhola Nath Ojha on the prayer for condonation of delay of 195 days in preferring the instant memo of appeal made through I.A. No.5979 of 2020.

Learned counsel for the appellant submits that on account of poverty the appellant could not file the appeal within time and therefore approached the High Court Legal Services Committee, whereafter he has been provided legal aid. The delay in filing memo of appeal is not intentional but the appellant would suffer irreparably if it is not condoned, since he is suffering conviction for life under Section 302/34 of the I.P.C.

Learned A.P.P. does not oppose the prayer.

Having considered the submissions of learned counsel for the parties and the grounds urged, delay is condoned. I.A. No.5979 of 2020 stands disposed of.

The sole appellant along with Ravi Singh Munda [appellant in Cr. Appeal (DB) No.41/2021 also on board today] stands convicted for the offence punishable under sections 302/34 of the Indian Penal Code by the impugned judgment dated 28th June 2019 passed in S.T. No. 419/2012 by the Court of learned District and Additional Sessions Judge-I, Khunti and both of them have been sentenced to undergo R.I for life with a fine of Rs. 20,000/- each and a default sentence each by the impugned order of sentence dated 05.07.2019.

Admit.

Call for the lower court records in connection with S.T. No. 419/2012 from the Court of learned District and Additional Sessions Judge-I,

Khunti.

Prayer for suspension of sentence of the appellant made through I.A. No.5945 of 2021 shall be considered after receipt of the lower court records.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Shamim/