Ramesh vs State Of Rajasthan-State
2023 Latest Caselaw 2949 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Criminal Appeal No. 1/2023

Rajmal

----Appellant Versus State of Rajasthan

----Respondent Connected With D.B. Criminal Appeal (DB) No. 177/2022 Ramesh

----Appellant Versus State of Rajasthan

----Respondent D.B. Criminal Appeal (DB) No. 10/2023 Deepak

----Appellant Versus State of Rajasthan

----Respondent

For Appellant(s) : Mr. R.S. Gill (In Cri. Appeal No.1/2023) Mr. Bhagat Dadhich (In Cri. Appeal No.177/2022) Mr. Abhishek Charan (In Cri. Appeal No.10/2023 For Respondent(s) : Mr. B.R. Bishnoi, PP.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

12/04/2023

Heard learned counsel for the parties on applications filed by

the appellant(s) under Section 5 of the Limitation Act for

condonation of delay in filing the appeals.

While the appeal filed by appellant, Rajmal is reported to be

barred by 89 days, the appeal filed by appellant Ramesh is barred

(2 of 2) [CRLAD-1/2023]

by 75 days and the appeal filed by appellant Deepak is barred by

116 days.

It is, inter-alia, indicated that appeal filed by co-accused,

namely, Ganesh Lal already stands admitted and that the

appellants are in detention and the family members are unaware

of the procedure/proceedings required to be adopted, the same

led to delay in filing the appeals, therefore, the same be

condoned.

Learned Public Prosecutor has no objection to the

condonation of the delay.

In view of the reasons indicated in the applications filed

under Section 5 of the Limitation Act, the applications are allowed.

Delay occasioned in filing the appeals is condoned.

In Criminal Appeals No.177/2022 and 10/2023, applications

have been filed for dispensing with requirement of filing of the

certified copy of the judgment impugned dated 12.07.2022.

Submissions have been made that the certified copy of the

judgment impugned has already been filed in D.B. Criminal Appeal

No.114/2022 : Ganesh Lal vs. State of Rajasthan and therefore,

requirement of filing of certified copy of the judgment in these

appeals may be dispensed with.

Ordered accordingly. The applications stands disposed of.

List the appeals for admission on 17.04.2023 alongwith D.B.

Criminal Appeal No.114/2022.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 6 to 8-DJ/-

Powered by TCPDF (www.tcpdf.org)