Rahmat Ansari @ Chhotu vs The State Of Jharkhand
2023 Latest Caselaw 2269 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Cr. Appeal (DB) No. 1591 of 2022

Rahmat Ansari @ Chhotu                               ...        ...       Appellant
                                       Versus
The State of Jharkhand                                 ...       ...      Respondent
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant(s) : Mr. Suraj Kishore Prasad, Advocate For the State : Mr. V.S. Sahay, APP

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th Order No.04/Dated: 5 July 2023 IA No. 1901 of 2023 This application has been filed under section 5 of the Limitation Act for condonation of delay of 67 days in filing Cr. Appeal (DB) No. 1591 of 2022 which challenges the judgment of conviction and the order of sentence, both dated 18th August 2022, passed in Special POCSO Case No. 09 of 2019.

2. In this application, the applicant has stated that on account of financial difficulties he could not approach his counsel and, therefore, some delay has occurred in filing the present criminal appeal.

3. Having regard to the statutory right of the convict and with a view to hear the matter on merits, we deem it appropriate to condone the delay of 67 days in filing Cr. Appeal (DB) No. 1591 of 2022 and, accordingly, IA No.1901 of 2023 is allowed.

IA No. 1900 of 2023

4. One week's time is granted to the learned counsel for the State to file its written opposition, if any, to the application for suspension of sentence in view of proviso to section 389 of the Code of Criminal Procedure.

Cr. Appeal (DB) No. 1591 of 2022

5. Admit.

6. Call for photocopy of lower Court records through special messenger within two weeks.

7. Post this matter on 13th July 2023.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) SB/Nibha