Citation : 2025 Latest Caselaw 1211 Jhar
Judgement Date : 29 July, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 394 of 2025
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Chambra Munda, S/o Late Selya Munda, R/o Village-Lepser, PO Ulihatu, P.S.-Arki, Dist.-Khunti, Jharkhand ... .... Appellant Versus The State of Jharkhand ... .... Respondent With Cr. Appeal (S.J.) (Filing) No. 29041 of 2024
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Chambra Munda, S/o Selya Munda, R/o Village-Lepser, P.S.-Arki, Dist.-Khunti, Jharkhand ... .... Appellant Versus The State of Jharkhand ... .... Respondent
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Appellant : M/s Sunil Kr. Ganjhu & Ashok Kr. Goel, Advocate (Cr. Appeal (S.J.) No. 394 of 2025) Mr. Shivam Utkarsh Sahay, Advocate (Cr.A. (S.J.) (Filing) No. 29041/24) For the State : Mr. Pankaj Kr. Mishra, APP (Cr. A. (S.J.) No. 394 of 2025) Mr. Bhola Nath Ojha, APP (Cr.A. (S.J.) (Filing) No. 29041/24)
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Oral Order 05 / Dated : 29.07.2025 It appears that inadvertently two appeals have been preferred against the same judgment of conviction and sentence passed in NDPS Case No. 27/2021.
Cr. Appeal (S.J.) (Filing) No. 29041 of 2024 was preferred by JHALSA on behalf of the appellant and Cr. Appeal (S.J.) No. 394 of 2025 was preferred through a private counsel.
In view of the fact that the appellant has already engaged Mr. Sunil Kr. Ganjhu, learned counsel, as his Advocate in Cr. Appeal (S.J.) No. 394 of 2025, therefore, Cr. Appeal (S.J.) No. 394 of 2025 will be heard.
Accordingly, Cr. Appeal (S.J.) (Filing) No. 29041 of 2024 is dismissed as infructuous.
I.A. No. 4558 of 2025 in Cr. Appeal (S.J.) No. 394 of 2025 Heard learned counsel for the appellant in this interlocutory application which has been filed under Section 5 of the Limitation Act for condonation of delay of 117 days in filing the instant criminal appeal.
It is submitted by learned counsel for the appellant that the appellant comes from poor and marginalized section of society and he could not arrange the resources for filing the appeal. Earlier, before filing this appeal, another criminal appeal had been filed on his behalf by the JHALSA.
Considering the grounds taken in this interlocutory application, the delay is condoned and the limitation petition is allowed. Cr. Appeal (S.J.) No. 394 of 2025 Admit.
Issue notice.
Call for the lower court record from the court concerned.
(Gautam Kumar Choudhary, J.) AKT/Satendra
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