Julias Ba @ Julu @ Julias Baa vs The State Of Jharkhand
2021 Latest Caselaw 1964 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   Cr. Appeal (DB) No. 417 of 2020

              Julias Ba @ Julu @ Julias Baa                   ---           ---    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: Ms. Vani Kumari, Advocate For the Respondent: Mrs. Vandana Bharti, A.P.P

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06 / 21.06.2021 This appeal has been preferred through learned counsel nominated by the High Court Legal Services Committee on the request of the appellant who has been convicted for the offences punishable under section 302 of the Indian Penal Code vide impugned judgment dated 25.02.2008 passed in Sessions Trial No. 258/2004 by the Court of P.O., Fast Track Court-III, Gumla and sentenced to undergo rigorous imprisonment for life by the impugned order of sentence of the same date.

2. The appeal suffers from a delay of 4435 days, for condonation of which, I.A. No. 3830/2020 has been preferred.

3. Learned counsel for the appellant submits that the appellant being poor, could not prefer appeal within time. Therefore, he approached the High Court Legal Services Committee and after obtaining the relevant documents, appeal was filed. Therefore, delay is not intentional. If delay is not condoned, he will suffer irreparably. Appellant has been in custody since 19.07.2004, as is apparent from the charge sheet bearing no. 42/2004 dated 31.07.2004 and thereafter since the date of conviction.

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

5. Having heard learned counsel for the parties and for the reasons explained, delay is condoned. I.A. stands disposed of.

6. Admit.

7. Call for the lower court records in connection with Sessions Trial No. 258/2004 from the Court of learned P.O., Fast Track Court-III, Gumla.

8. Matter be placed on I.A. No. 3831/2020 seeking suspension of sentence after receipt of the lower court records.

9. In the meantime, learned A.P.P shall seek instruction, as to whether the appellant has been released during this period after remission or still serving custody after his conviction.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/