Shahjad @ Ghoda Son Of Subrati vs State Of Rajasthan
2023 Latest Caselaw 2766 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. Ashiq Kureshi For Respondent(s) : Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

09/03/2023

Mr. Ashiq Kureshi, brother of appellant-Shahjad @ Ghoda is

present in person.

This appeal is preferred against order of conviction and

sentence dated 04.08.2018.

As per office report, the appeal is time barred by 1564 days.

The record indicates that on the date of pronouncement of

judgment i.e. on 04.08.2018, present appellant-Shahjad @ Ghoda

was not present before the court and warrant of arrest to undergo

sentence was issued against him.

In compliance of same, he was arrested and sent to custody

to undergo the sentence on 02.01.2023. The custody certificate

dated 03.02.2023 in compliance of order dated 31.01.2023 was

received through E-mail, the same is taken on record.

Looking to facts and circumstances and also that this is first

appeal under Section 374 of Cr.P.C. assailing the order of

conviction and sentence. Hence, for the reasons stated in the

(2 of 2) [CRLAS-177/2023]

application, delay in filing of appeal is condoned and the

application is allowed.

List this appeal along with S.B. Criminal Appeal

No.2163/2018 arising out of same order.

List on 11.04.2023.

(ASHOK KUMAR JAIN),J

Arun/29

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