Neeraj Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 4979 MP

Madhya Pradesh High Court

Neeraj Yadav vs The State Of Madhya Pradesh on 20 February, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                          1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                           ON THE 20 th OF FEBRUARY, 2024
                                          CRIMINAL APPEAL No. 1047 of 2024

                         BETWEEN:-
                         NEERAJ YADAV S/O SHRI VALDBHAN YADAV, AGED
                         ABOUT 24 YEARS, R/O VILLAGE MAHUL BESRA P.S.
                         MALTHON DISTRICT SAGAR (MADHYA PRADESH)

                                                                                      .....APPELLANT
                         (BY MS. SHRISHTI KASHYAP-ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               POLICE    STATION BINA DISTRICT SAGAR
                               (MADHYA PRADESH)

                         2.    JAMNA AHIRWAR S/O GANESH AHIRWAR R/O
                               BHAGAT SINGH WARD DISTRICT SAGAR
                               (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                         (BY SHRI S. K. GUPTA-PANEL LAWYER)

                               This appeal coming on for admission this day, th e court passed the

                         following:
                                                           ORDER

This appeal under Section 14(A) of the SC/ST (POA) Act has been filed assailing the order dated 30.06.2022 passed by the Special Judge SC/ST (POA) Act, Sagar, whereby appellant's bail application under Section 439 of Cr.P.C. has been dismissed.

This appeal against the order dated 30.06.2022 being time barred is not maintainable.

Section 14(A)(3) of the SC/ST (POA) Act reads as under:

"14 (A) Appeals.--.....

(3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days:

Provided further that no appeal shall be entertained after the expiry of

the period of one hundred and eighty days"

Therefore, this appeal being hopelessly time barred is dismissed.

(DINESH KUMAR PALIWAL) JUDGE b