Amosh Kindo vs The State Of Jharkhand
2023 Latest Caselaw 940 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Revision No.704 of 2022

        Amosh Kindo                         .....   Petitioner
                                 Versus
        The State of Jharkhand              ....      Opposite Party

               CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

        For the petitioner             :    Mr. Anil Kr. Ganghu, Advocate
        For the State                  :    Mr. Arup Kr. Dey, APP
                                   -----

4/27.02.2023 Heard learned counsel appearing on behalf of the petitioner and learned appearing on behalf of the State.

Learned counsel appearing on behalf of the petitioner submitted that one IA No. 9705 of 2022 has been preferred on behalf of the appellant with a prayer to condone the delay of 38 days in filing this criminal revision, which has been preferred against the judgment dated 25th February 2022 passed by the court of learned Sessions Judge, Gumla by which the appeal preferred by the petitioner has been dismissed affirming the judgement of conviction and order of sentence passed by the court of learned SDJM Gumla on 10.09.2021 whereby and whereunder. this petitioner was convicted for the offence punishable under section 394 of IPC and he was sentenced to undergo R.I. for a term of 3 years and fine of ₹5000/- and in default of payment of fine, further simple imprisonment for 2 months in connection with Ghagra P.S. Case No. 21 of 2020, corresponding to GR No. 457 of 2020.

It has been submitted that this petitioner has remained in jail for a long period of time during the course of trial and also during the course of appeal pending in the court below and still he is in jail and this petitioner has already served about 2 & 1/2 out of the maximum sentence of 3 years awarded by the learned court below.

Further it has been pointed out that the delay caused in filing this criminal revision was not intentional and it is because of the financial crunch of the petitioner and the petitioner had been in jail and he will suffer irreparable loss, if the delay, which is not intentional in filing the revision application, is not condoned.

Having taken into consideration the aforesaid submission, the delay of 38 days caused in filing this criminal revision is condoned.

Accordingly IA No. 9705 of 2022 is allowed.

Let the scanned copy of the entire lower court records be called for in order to appreciate this case.

Learned APP appearing on behalf of the State seeks adjournment to call for report through the concern jail about the custody period of this petitioner in this case.

Learned APP is directed to file counter affidavit on behalf of the State indicating the total period of custody of the petitioner in the jail in this case.

Put up this case on 22nd March 2023 after receipt of the scanned copy of the lower court record.

(Navneet Kumar, J.) R.Kumar