Bhuwan Ghosh vs The State Of Jharkhand
2022 Latest Caselaw 1346 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. M.P. No. 389 of 2022
                               ------

   Bhuwan Ghosh                              ...     ...  Petitioner
                               Versus
   The State of Jharkhand                    ...     ...    Opp. Party
                               --------

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

--------

For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Mr. Jitendra Pandey, A.P.P.

--------

Order No. 04: Dated: 5 April, 2022 th

This Cr.M.P. has been filed for restoration of Cr. Appeal (SJ) No. 1110 of 2004, which was dismissed for default by this Court vide order dated 03.09.2019.

Learned counsel for the petitioner submitted that in the said Cr. Appeal (SJ) No. 1110 of 2004 which was listed on 27.06.2019 as well as on 03.09.2019, the conducting lawyer could not appear before the Court to pursue the matter and, therefore, on 03.09.2019 the said appeal was dismissed for default.

It has been submitted that for the ends of justice it may be heard on merit to decide the appeal after discussing the evidences vis-a-vis the impugned judgment of conviction and order of sentence passed by the learned court below and, therefore, it is urged on behalf of the petitioner that one opportunity may be given to be heard this appeal on merit.

On the other hand learned A.P.P. fairly contended that since this is a criminal appeal let it will be decided on merit.

Having heard the learned counsel for the parties and having been satisfied with the grounds taken in the Cr.M.P., this criminal appeal is restored to its original record/file.

Accordingly, this Cr.M.P. is allowed.

(Navneet Kumar, J.) MM