Inder Gaur vs The State Of Jharkhand
2021 Latest Caselaw 3867 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        Criminal Appeal (DB) No. 420 of 2020
     Inder Gaur                                             --- --- Appellant
                                   Versus
     The State of Jharkhand                                 --- --- Respondent
                                   .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellant : Mr. Syed Ramiz Zafar, Advocate For the Respondent : Mr. Shekhar Sinha, P.P.

09/08.10.2021 Learned P.P. Mr. Shekhar Sinha submits on the basis of written instructions contained in notification dated 08.09.2021 bearing memo no. 3394 that the appellant Inder Gaur has been released upon remission granted by the State Sentence Review Board.

Learned counsel for the appellant submits that appeal has been filed after considerable delay of 4300 days through the Jharkhand High Court Legal Services Committee since the appellant was very poor and could not arrange funds. I.A. No. 5279 of 2021 has been preferred for condonation of delay. It is submitted that though the appellant has been released upon remission but the stigma shall remain attached to his conviction, if the appeal is not heard on merits. Therefore, delay may be condoned, otherwise appellant would suffer irreparably.

Learned P.P. does not oppose the prayer.

Having considered the submissions of the parties and the substantial grounds shown, delay is condoned. I.A. No. 5279 of 2021 stands disposed of.

The sole appellant stands convicted for the offence punishable under Section 302 of the I.P.C by the impugned judgment dated 08.07.2008 passed in Sessions Trial No. 85 of 2005 by the court of learned Additional District and Sessions Judge, Fast Track Court, Simdega and has been sentenced to undergo imprisonment for life by the impugned order of sentence dated 10.07.2008.

Admit.

Call for the Lower Court Record in connection with Sessions Trial No. 85 of 2005 from the court of learned Additional District & Sessions Judge, Fast Track Court, Simdega.

Office is directed to prepare a paper book and serve the copy thereof to learned Public Prosecutor.

(Aparesh Kumar Singh, J.)

(Navneet Kumar, J.) A.Mohanty