Jai Prakash Singh vs The State Of Jharkhand
2021 Latest Caselaw 3522 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (DB) No. 488 of 2020
     Jai Prakash Singh                                      --- --- 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. Ramesh Kumar, Advocate For the Respondent : Mr. Tapas Roy, A.P.P.

05/21.09.2021 Heard learned counsel for the appellant and learned A.P.P. on the prayer for condonation of delay of 95 days in preferring the instant memo of appeal made through I.A. No. 5276 of 2020.

Learned counsel for the appellant submits that appellant could not prefer the appeal within time because of lock down due to Covid pandemic. Therefore, delay is not intentional. If the delay is not condoned, appellant would suffer irreparably.

Learned A.P.P. does not oppose the prayer. Having considered the submissions of learned counsel for the parties and the explanation given, delay is condoned. I.A. No. 5276 of 2020 stands disposed of.

The sole appellant stands convicted for the offence punishable under Section 498A and 302 of the I.P.C by the impugned judgment dated 03.03.2020 passed in Sessions Trial Case No. 175 of 2016 by the court of learned Additional Sessions Judge VII, East Singhbhum, Jamshedpur and has been sentenced to undergo R.I. for life and a fine of Rs.10,000/- with a default sentence under Section 302 of the I.P.C and further sentenced to undergo R.I. for 2 years and a fine of Rs.5000/- and a default sentence under Section 498A I.P.C. by the impugned order of sentence dated 07.03.2020. All the sentences were directed to run concurrently. The co-accused Raju Singh has been acquitted of the charges.

Admit.

Call for the lower court record in connection with Sessions Trial Case No. 175 of 2016 from the court of learned Additional Sessions Judge VII, East Singhbhum , Jamshedpur.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) A.Mohanty