Babulal Sharma vs The State Of Jharkhand
2023 Latest Caselaw 2289 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (SJ) No. 874 of 2022
     Babulal Sharma                                     --- --- Appellant
                                    Versus
     The State of Jharkhand                             --- --- Respondent
                                          .......

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellants : Mr. Ajit Kumar, Advocate For the State : Mr. Tarun Kumar, A.P.P.

04/13.07.2023 Learned counsel for the appellant undertakes to remove the defects during course of the day, as pointed out by the Office.

I.A. No. 11743 of 2022 Heard learned counsel for the appellant and the learned A.P.P. for the State on the prayer for condonation of delay of 186 days in preferring the instant appeal, made through instant interlocutory application.

Learned counsel for the appellant submitted that appellant is a poor villager and he has no means to prefer this appeal in this court and he was in custody and further it has been stated that after engaging the legal aid counsel provided by the Jharkhand State Legal Services Authority, the appeal could be preferred against the impugned judgment of conviction dated 15.12.2021 and order of sentence dated 20.12.2021passed in Special (POCSO) Case No. 38 of 2019 (Arising out of Ghatshila (Moubhandar) P.S. Case No. 31 of 2019) by the court of learned Special Judge(POCSO), East Singhbhum, Jamshedpur. It is submitted that there is a bonafide mistake on the part of the appellant as he could not file this appeal within the stipulated time. It is further submitted that if the delay is not condoned, appellant would suffer irreparably.

Having considered the submission of learned counsel for the appellant and the reasons assigned in the instant I.A., delay is condoned. I.A. No. 11743 of 2022 is allowed.

Cr. Appeal (SJ) No. 874 of 2022

This appeal is admitted for hearing.

Issue notice.

Let the scanned copy of the lower court record be called for in connection with Special (POCSO) Case No. 38 of 2019 (Arising out of Ghatshila (Moubhandar) P.S. Case No. 31 of 2019) from the court of learned Special Judge(POCSO), East Singhbhum, Jamshedpur.

List this case on 07.08.2023.

(Navneet Kumar, J.) A.Mohanty