Citation : 2025 Latest Caselaw 1580 Jhar
Judgement Date : 5 August, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 61 of 2025
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Suraj Kumar @ Suraj Yadav ......Appellant Versus
1. The State of Jharkhand
2. Informant ......Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Ms. Kehkashan Afsheen, Advocate For the State : Mr. P. D Agrawal, Spl.P.P ......
Order No: 02/Dated: 05.08.2025 I.A No. 654 of 2025
2. I.A No. 654 of 2025 has been filed on behalf of the appellant under Section 5 of the Limitation Act for condoning the delay of 207 days in filing this Criminal Appeal.
3. Learned counsel for the appellant has submitted that due to financial crunch, the appellant could not file this Criminal Appeal within time and the appellant is in custody since 01.04.2024 and hence, the delay of 207 days in filing this Criminal Appeal may be condoned.
4. Learned counsel for the State raised objection.
5. Having heard learned counsel for both the sides and considering the fact that the appellant is in custody since 01.04.2024, the delay of 207 days in filing this Criminal Appeal is, hereby, condoned.
6. Thus, I.A No. 654 of 2025 is allowed and stands disposed of.
7. Learned counsel for the appellant is directed to implead the informant as Respondent No. 2 in this case in course of the
day.
8. Learned counsel for the State is directed to get served the notice of this Criminal Appeal upon the informant through Senior Superintendent of Police, Jamshedpur in the light of judgment rendered in the case of Nipun Saxena and Anr. Versus Union of India reported in (2019) 2 SCC 703 and also vide Notification No. 23/2023/R&S/JHC dated 20.12.2023 issued by the High Court of Jharkhand and shall file an affidavit regarding service of notice upon the informant.
8. Admit.
9. Call for the scanned copy of the Lower Court Records.
10. Put up this case after five weeks.
11. Let a copy of this order be sent to the Senior Superintendent of Police, Jamshedpur by FAX and be also handed over to the learned counsel for the State for the needful.
(Sanjay Prasad, J.) Avinash/
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