Vijay Chik Baraik vs The State Of Jharkhand
2021 Latest Caselaw 3732 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (DB) No. 229 of 2019
          Vijay Chik Baraik                               ....        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       : Ms. Amrita Banerjee, Advocate
          For the State           : Mr. Shekhar Sinha, Spl. P.P
                                         ---
07/30.09.2021    The present appeal has been preferred through the learned counsel

nominated by High Court Legal Services Committee on the request of the appellant for legal aid against the judgment dated 4th December, 2018 passed in Sessions Trial No. 268 of 2016 by the Court of learned Additional Sessions Judge-I-cum- Special Judge, Gumla, whereby the appellant has been convicted for the offence punishable under Section 376 of I.P.C and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 25,000/- and default sentence by the impugned order of sentence dated 7th December, 2018.

This appellant had earlier preferred Cr. Appeal (DB) No. 213 of 2019 through private counsel, Mr. Abhay Kumar Chaturvedy against the same impugned judgment. In the said appeal, appellant has been enlarged on bail vide order dated 10th February, 2020 passed by Coordinate Bench of this Court.

Learned counsel for the appellant, Ms. Amrita Banerjee submits that on the request of appellant for legal aid, appeal was preferred by learned counsel, Mr. Anup Kumar Agrawal nominated by High Court Legal Services Committee. However, Mr. Agrawal had returned the brief and thereafter the same has been allotted to the present counsel. However, she has come to know on inquiries from the office that the appellant had already preferred an appeal against the same judgment being Cr. Appeal (DB) No. 213 of 2019. The appellant being illiterate person belonging to interior place at Garhwa, may have chosen to seek legal aid out of his ignorance. In the aforesaid circumstances, learned counsel for the appellant seeks permission to withdraw this appeal.

We have considered the submission of learned counsel for the parties and taken note of the explanation urged by learned counsel, Ms. Amrita Banerjee appearing for the appellant on being nominated by High Court Legal Services Committee.

Having regard to the circumstances explained, we allow permission to withdraw this appeal. Accordingly, this appeal is dismissed as withdrawn.

Learned counsel, Ms. Amrita Banerjee should communicate this order to High Court Legal Services Committee.

Let the instant order be kept on record in Cr. Appeal (DB) No. 213 of 2019.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk/