Ashok Kumar Thakur @ Bunty vs The State Of Jharkhand --- --- Opposite ...
2024 Latest Caselaw 9367 Jhar

Jharkhand High Court

Ashok Kumar Thakur @ Bunty vs The State Of Jharkhand --- --- Opposite ... on 20 September, 2024

Author: Navneet Kumar

Bench: Navneet Kumar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. M.P. No. 3935 of 2023
        Ashok Kumar Thakur @ Bunty, aged about 46 years, son of Arjun Prasad
        Thakur, resident of Vill- Samshan Road Rajbari, P.O + P.S.- Mihijam, District-
        Jamtara                                             --- --- Petitioner
                                         Versus
        The State of Jharkhand                               --- --- Opposite Party
                                                .......

CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner : Mr. Rahul Ranjan, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P.

05/20.09.2024 Heard learned counsel for the parties.

2. The instant Cr.M.P. has been filed for restoration of Cr. Appeal (SJ) No. 391 of 2022, which was dismissed for default due to non- compliance of the peremptory order dated 16.03.2023.

3. Learned counsel for the petitioner submits that petitioner failed to remove the defects within the peremptory period of two weeks, as a result of which, the said criminal appeal has been dismissed for default, however, the same was not intentional and undertakes to remove the same immediately. It is further submitted that petitioner will suffer irreparable loss if the criminal appeal is not restored, which was preferred against the judgment of conviction dated 12.04.2022 and order of sentence 16.04.2022 passed in NDPS Case No. 01 of 2021 (Arising out Mihijam P.S. Case No. 91 of 2020) whereby the sole appellant has been convicted for the offence punishable under Section 20(b)(ii) of the NDPS Act and has been sentenced to undergo R.I. for 3 years with a fine of Rs.10,000/- and a default sentence of 3 months imprisonment.

4. Learned A.P.P. does not raise any objection to the prayer of the petitioner.

5. Accordingly, Cr. Appeal (SJ) No. 391 of 2022 is restored to its original file and consequently the instant Cr.M.P. is disposed of.

(Navneet Kumar, J.) A.Mohanty