Ravindra Nath Mahto @ vs The State Of Jharkhand
2023 Latest Caselaw 1204 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
               Cr. Appeal (SJ) No. 497 of 2022
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Ravindra Nath Mahto @ Robin Mahto & Anr. ... ... Appellants Versus The State of Jharkhand ... ... Respondent

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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Appellant : Ms. Saman Ahmad, Advocate For the Respondents : Mr. Santosh Kr. Shukla, Addl.P.P.

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Order No. 05 : Dated: 17th March, 2023 Heard the learned counsels for the parties. I.A. No. 11336 of 2022 The instant interlocutory application has been filed on behalf of the appellant with a prayer to condone the delay of 60 days in filing this criminal appeal which has been directed against the judgment of conviction and the order of admonition dated 28.02.2022 by which the present appellants were found guilty for the offence u/s 341 and 323 of IPC read with section 34 of IPC and in spite of awarding any sentence both the appellants were released after due admonition by giving benefit of section 3 of Probation of Offenders Act. It has been submitted on behalf of the appellant that they have no knowledge about the technicalities of the limitation period and therefore they could not contacted their lawyer and the appeal could not be filed within the stipulated period of time and the time was lapsed. And it is further submitted that no willful default on the part of the appellant in filing of appeal on time and if the delay is not condoned the appellant will suffer from the irreparable loss.

On the other hand, learned Addl.P.P. for the State submitted that there is a delay of 60 days in filing of the present appeal. Having been satisfied with the grounds taken in the I.A. the delay of 60 days in filing the present appeal is condoned.

Accordingly, I.A. No. 11336 of 2022 gets allowed. Cr. Appeal (SJ) No. 497 of 2022 Let the lower court record be called for from the learned court below.

This appeal is admitted "For Hearing" put up this case on 27.04.2023.

(Navneet Kumar, J.) MM