Shibu Bauri @ Rekunda vs The State Of Jharkhand
2022 Latest Caselaw 1918 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (S.J.) No. 232 of 2022
                                    ....

Shibu Bauri @ Rekunda ...... Appellant Versus The State of Jharkhand ...... Opp. Party

-----

CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

-----

For the Appellant : Mr. Kaushik Sarkhel, Advocate For the State : Mr. Vishwanath Roy, A.P.P.

.....

I.A. No. 2574 of 2022

05/11.05.2022 Heard learned counsel for the appellant and learned APP for the State.

2. The instant Interlocutory Application No. 2574 of 2022 has been filed under Section 5 of the Limitation Act for condoning the delay of 641 days in preferring the instant Criminal Appeal.

3. This Criminal Appeal has been filed against the judgment of conviction and order of sentence dated 06.06.2018 passed by learned District and Additional Sessions Judge-II, Bokaro in S. T. No. 46 of 2016 whereby the appellant has been convicted for the offence punishable under Section 366 of the Indian Penal Code and sentenced to undergo R.I. for a period of seven(7) years and to pay fine of Rs. 5000/- for the offence under Section 366 of the Indian Penal Code and in default of fine, he has further been sentenced to undergo R.I. for a period of one (1) year and the said fine has to be given as compensation to the victim girl under Section 357(6) of the Cr. P. C.

4. It has been submitted by the learned counsel for the appellant that the appellant, after being taken into custody on 06.06.2018, his family members could not prefer any appeal, even after conviction on 06.06.2018 and he had remained in custody as no proper Pairvi was done by the family member of the appellant

and even jail authorities had not advised him to prefer any jail appeal through jail authorities and had not given proper information and as such, delay of 641 days in preferring the instant Criminal appeal may be condoned in the interest of justice.

5. On the other hand, learned counsel for the State has opposed the limitation petition .

6. In the facts and circumstances and the reasons stated in the instant Interlocutory Application and by taking lenient view, the delay of 641 days in preferring the instant Cr. Appeal (S.J.) No. 232 of 2022 is, hereby, condoned.

7. I.A. No. No. 2574 of 2022 stands disposed of. Cr. Appeal (S.J.) No. 232 of 2022 Admit.

Issue notice.

Call for the scanned copy of the Lower Court Records. Put up this case on 10.06.2022.

Prayer for bail of the appellant will be considered after receipt of the Lower Court Records.

(Sanjay Prasad, J.) Kamlesh/