State Of Rajasthan vs Bunty
2021 Latest Caselaw 5174 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Crml Leave To Appeal No. 245/2019

State Of Rajasthan, Through PP

----Appellant Versus

1. Bunty S/o Nandram, Aged About 27 Years, B/c Gayri, Resident Of Khajuri Jorawar Singh, P.s. Manasa, Distt. Nimach (M.p.)

2. Fakirchand S/o Nandram, Aged About 29 Years, B/c Gayri, Resident Of Khajuri Jorawar Singh, P.s. Manasa, Distt. Nimach (M.p.)

3. Mohanlal S/o Nirbhayaram, Aged About 32 Years, B/c Gayri, Resident Of Khajuri Jorawar Singh, P.s. Manasa, Distt. Nimach (M.p.)

4. Kalu Singh S/o Jhujaar Singh, Aged About 49 Years, B/c Gayri, Resident Of Khejadiya, P.s. Gangdhar, Distt. Jhalawar.

5. Bapulal S/o Amra, B/c Gayri, Resident Of Khajuri Jorawer Singh, P.s. Manasa, Distt. Nimach (M.p.)

6. Raju S/o Bapulal, Aged About 24 Years, B/c Gayri, Resident Of Khajuri Jorawer Singh, P.s. Manasa, Distt. Nimach (M.p.)

----Respondents

For Appellant(s) : Mr. N.S. Bhati, PP For Respondent(s) : Mr. S.K. Poonia

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

23/02/2021

Learned Public Prosecutor has moved an application under

Section 5 of the Limitation Act for condoning the delay of 112 days

occasioned in filing of this leave to appeal application.

(2 of 2) [CRLLA-245/2019]

Considering the grounds set out in the application to be

germane, the same is accepted and the delay is condoned.

After hearing arguments advanced by learned Public

Prosecutor and the learned counsel for the respondents, we find it

to be a fit case for granting leave to the appellant State of

Rajasthan for filing appeal against the impugned judgment dated

12.06.2018 whereby the respondents were acquitted from the

charge under Section 302 IPC and the offence was toned down to

one under Section 304 Part-II IPC. Thus, this leave to appeal

application is accepted. The memo of leave to appeal application

shall be treated as an appeal.

At this stage, Shri Poonia points out that the respondents

have filed S.B. Criminal Appeal No.664/2018 against their

conviction and in that appeal, the sentences awarded to the

accused have been suspended and they have already furnished

bail and bonds and marked attendance in this Court. Thus, the

respondents need not file fresh bail and bonds in this appeal. The

file of S.B. Criminal Appeal No.664/2018 shall be tagged with this

State appeal.

Office to proceed.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

12-Sudhir Asopa/-

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