Vinod Mukhi @ Jokar @ Binod Mukhi vs The State Of Jharkhand
2023 Latest Caselaw 1814 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Criminal Appellate Jurisdiction)

                    Criminal Appeal (DB) No. 472 of 2023

Vinod Mukhi @ Jokar @ Binod Mukhi                                       .... Appellant

                                     Versus
The State of Jharkhand                                                 ... Respondent
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CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

For the Appellant : Mr. Arbind Kr. Sinha, Advocate For the State : Mr. Sanjay Kr. Srivastava, APP

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th Order No. 04/ Dated: 28 April 2023

I.A. No. 3192 of 2023 The appellant has filed this application under section 5 of the Limitation Act seeking condonation of delay of 318 days in filing the present criminal appeal.

2. Mr. Arbind Kr. Sinha, the learned counsel has referred the paragraph nos.2 to 5 in support of this application:

"2. That the appellants pleaded for representation to the concerned local authority for providing legal assistance. Thereafter the matter was forwarded to DLSA who further forwarded the matter to JHALSA.

3. That the limitation of the said case expires on May, 09 th 2022. That the accused filed his representation to Jhalsa through the jail authorities on 28.09.2022 but the free copy of the impugned judgment dated 10.03.2022 was sent by the court concerned and obtained by accused on 05.12.2022.

4. That the same was further forwarded to the counsel concerned 22.12.2022. From perusal of the brief it was found that some evidence of the case missing which was later on supplied on 23.02.2023 after getting the same, instant appeal has been filed after a delay of 318 days.

5. That the appellants are very poor persons as such no one has come forward to pursue the matter before this Hon'ble Court."

3. In view of the statements made in the interlocutory application, the delay in filing the appeal is condoned.

4. I.A. No. 3192 of 2023 is, accordingly, allowed.

Criminal Appeal (DB) No. 472 of 2023

5. Admit.

6. Mr. Sanjay Kr. Srivastava, the learned Additional Public Prosecutor waives notice on behalf of the State, as such, there is no need to issue notice.

7. Call for the Lower Court Records.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) RKM