Ghamra Oraon vs The State Of Jharkhand
2021 Latest Caselaw 3555 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr. Appeal (D.B) No.448 of 2020
                Ghamra Oraon                                       ....          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
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For the Appellant : Ms. Vani Kumari, Advocate For the State : Mr. Ravi Prakash, A.P.P

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05/22.09.2021 Heard learned counsel for the appellant, Ms. Vani Kumari nominated by High Court Legal Services Committee and learned A.P.P on the prayer for condonation of delay of 4582 days in preferring the instant Memo of Appeal made through I.A. No. 4499 of 2021.

Learned counsel for the appellant submits that the appellant's father had died and he himself was in custody. Appellant being poor could not arrange money to prefer the appeal within time and thereafter he approached the Jharkhand High Court Legal Services Committee for legal aid. Appellant may suffer irreparably if the delay is not condoned despite the bonafide reasons.

Learned counsel for the State does not oppose the prayer. Having considered the submissions of learned counsel for the parties and the explanation urged, we are satisfied that the appellant convict could not prefer the appeal within time on account of circumstances beyond his control and poverty. Therefore, the delay is condoned. The instant I.A. stands disposed of.

This appeal is directed against the judgment of conviction and order of sentence dated 28th June, 2007 passed by learned Presiding Officer, Fast Track Court-III, Gumla in S. T. No. 257 of 2005 arising out of Sisai P.S. Case No. 61/2005, G.R. Case No. 411 of 2005, whereby learned court has convicted the appellant under Section 302/452 of I.P.C and sentenced him to undergo rigorous imprisonment for life under Section 302 of I.PC and further sentenced him to undergo rigorous imprisonment for 7 years under Section 452 of I.P.C All the sentences have been ordered to run concurrently.

Admit.

Call for the Lower Court Record from the Court of learned Presiding Officer, Fast Track Court-III, Gumla in connection with S.T. No. 257 of 2005.

Learned A.P.P. would ascertain whether the case of the appellant has been placed before the State Sentence Review Board as according to learned counsel for the appellant, the appellant is in custody since 19th June 2005 i.e., more than 16 years by now. Affidavit to that effect be filed within a period of 3 weeks.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) jk/