Suresh Ram @ Chukiya vs The State Of Jharkhand
2021 Latest Caselaw 2153 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Appeal (DB) No. 463 of 2020

              Suresh Ram @ Chukiya                            ---            ---   Appellant
                                                Versus
              The State of Jharkhand                          ---            ---   Respondent
                                               ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary Through: Video Conferencing

---

              For the Appellant:       Mr. Ajay Kr. Singh, Advocate
              For the Respondent:      Mr. Suraj Verma, A.P.P
                                         ---
06 / 01.07.2021      Heard learned counsel for the appellant Mr. Ajay Kumar Singh and

learned A.P.P Mr. Suraj Verma on the prayer for condonation of delay of 161 days in preferring the instant Memo of Appeal through I.A. No. 1417/2021.

2. Learned counsel for the appellant submits that the appellant belongs to a poor family and relevant documents could be obtained from the court below which consumes sometime in preferring the instant Memo of Appeal, though it is not intentional. Delay may be condoned, otherwise appellant may suffer irreparably.

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

4. Having considered the submissions of the learned counsel for the parties and explanation given, delay is condoned. I.A. stands disposed of.

5. Sole appellant stands convicted for the offences punishable under sections 364/34 of the Indian Penal Code by the impugned judgment dated 23.11.2019 passed in Sessions Trial No. 49/2018 by the Court of learned Additional Sessions Judge-II, Bokaro and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 10,000/- and default sentence under section 364 of the Indian Penal Code, by the impugned order of sentence dated 25.11.2019.

6. Admit.

7. Call for the lower court records in connection with Sessions Trial No. 49/2018 from the Court of learned Additional Sessions Judge-II, Bokaro.

8. Learned A.P.P shall inquire as to the status of the investigation kept pending against other co-accused namely Suraj Kumar and other unknown persons and file an affidavit within a period of four weeks.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/