Ganesh Manjhi vs The State Of Jharkhand
2023 Latest Caselaw 2148 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. Appeal (S.J.) No. 692 of 2022
     Ganesh Manjhi                                    --- --- Appellant

                                      Versus
     The State of Jharkhand                                --- --- Respondent
                                             .......

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Petitioner : Mr. Vishal Kr. Tiwary, Advocate For the State : Mr. Ravi Prakash, Spl.P.P,.

I.A. No. 4868 of 2023

07/12.06.2023 Heard learned counsel for the appellant and the learned Spl.P.P. on I.A. No. 4868 of 2023.

2. Learned counsel for the appellant submits that the instant interlocutory application has been preferred for condonation of delay of 174 days in filing the instant appeal, which has been preferred against the judgment of conviction dated 19.01.2022 and order of sentence dated 22.01.2022 passed by the court of learned Additional Sessions Judge-III, West Singhbhum at Chaibasa in Sessions Trial No. 215 of 2021, whereby the appellant has been convicted under Section 395 and 412 of the IPC and has been sentenced to undergo R.I. for 8 years with a fine of Rs.20,000/- and a default sentence under each section. Further, it has been pointed out that the appellant is in jail from the date of his conviction. It is submitted by learned counsel for the appellant that appellant is a poor man and therefore could not arrange the required money to file the instant criminal appeal within the stipulated period of time as the time limit expired on 23.03.2022. Further, it is submitted that after arranging the fund the appellant contacted his lawyer and thereafter the appeal has been filed, which has occasioned delay of 174 days, which is not willful as the circumstances were beyond his control due to poverty and ignorance.

3. Having been satisfied with the reasons as set out in the instant I.A. and the submission advanced on behalf of the appellant, delay of 174 days in filing the instant appeal is condoned. I.A. No. 4868 of 2023 is allowed.

Cr. Appeal (S.J.) No. 692 of 2022

4. This appeal is admitted for hearing.

5. Issue notice.

6. Call for the scanned copy of the lower court record in connection with Sessions Trial No. 215 of 2021 arising out of Muffasil (Chaibasa) P.S. Case No. 129 of 2017 corresponding to G.R. Case No. 599 of 2017 from the court of learned Additional Sessions Judge-III, West Singhbhum at Chaibasa.

(Navneet Kumar, J.)

A.Mohanty