Shahjad @ Ghoda Son Of Subrati vs State Of Rajasthan
2023 Latest Caselaw 1030 Raj/2

                                           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                       BENCH AT JAIPUR

                                                        S.B. Criminal Appeal No. 177/2023

                                   Shahjad @ Ghoda Son Of Subrati
                                                                                                         ----Appellant
                                                                          Versus
                                   State Of Rajasthan
                                                                                                       ----Respondent

For Appellant(s) : Mr. Santosh Srivastava For Respondent(s) : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 31/01/2023

Heard learned counsel for the appellant. The objection of the

office is that present appeal is time barred by 1564 days for which delay

condonation application under Section 5 of the Limitation Act has been

filed. Learned counsel for the appellant submits that this is the first

appeal preferred by appellant before this Court. Appellant accused

Shahjad @ Ghoda was convicted and sentenced on dated 04.08.2019 in

Sessions Case No. 43/2008 by learned Additional Sessions Judge,

Gangapur City, Sawaimadhopur emanating from FIR No. 251/2008 P.S.

Gangapur City. The record further indicated that S.B. Criminal Appeal

No. 2163/2018 filed by another accused Aneesh was admitted on

18.09.2019. The judgment further indicated that on date of sentence

dated 04.08.2018 accused Shahjad @ Ghoda remained absent and his

arrest warrant was ordered to be issued. No custody certificate is

available. Office is directed to ensure that custody certificate is obtained

either through office of PP or by digital means by using E-Prison Portal.

List after two weeks.

(ASHOK KUMAR JAIN),J PREETI VALECHA /19

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