State Of Rajasthan vs Bheparam (2025:Rj-Jd:38754)
2025 Latest Caselaw 12577 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Bheparam (2025:Rj-Jd:38754) on 29 August, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:38754]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Crml Leave To Appeal No. 211/2025

State Of Rajasthan, Through Pp
                                                                   ----Appellant
                                     Versus
Bheparam S/o Golaram Vishnoi, R/o Tilwasani Tehsil Bilara Dist
Jodhpur (Raj.)
                                                                 ----Respondent


For Appellant(s)          :     Mr. Sameer Pareek, PP
                                Mr. Prem Panwar, PP
For Respondent(s)         :     --



                HON'BLE MR. JUSTICE FARJAND ALI

Order

29/08/2025

1. There is a delay of 75 days in filing of the appeal, for which

an application has been moved for condonation of the delay.

Detailed reasons have been mentioned in the application

under Section 5 of the Limitation Act, contending therein the

circumstances constrained of which, despite due diligence,

delay has occasioned.

2. Considering the grounds mentioned in the application, the

same is allowed. The delay is condoned.

3. The State Officers have wrongly preferred the leave to

appeal instead of an appeal under Section 377 of the Cr.P.C.

for enhancement of the sentence. A leave petition seeking

permission to move an appeal can be moved for making a

challenge to the judgment of acquittal.

[2025:RJ-JD:38754] (2 of 2) [CRLLA-211/2025]

4. Learned Government Advocate and the Public Prosecutor are

sensitized to take note of the above legal aspect in future.

5. Looking to the totality of the facts and circumstances and in

the interest of justice, the leave petition is disposed of. The

same be registered as an appeal under Section 377 Cr.P.C.

(FARJAND ALI),J 1-Samvedana/-

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