State Of Rajasthan vs Bhanwarlal (2026:Rj-Jd:1853)
2026 Latest Caselaw 445 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Bhanwarlal (2026:Rj-Jd:1853) on 13 January, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:1853]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Crml Leave To Appeal No. 69/2025

State Of Rajasthan, Through Pp
                                                                   ----Appellant
                                    Versus
Bhanwarlal S/o Kanhaiyalal, R/o Brahamano Ki Poll Badawaas
Mathaniya Police Station Mathaniya District Jodhpur.
                                                                 ----Respondent


For Appellant(s)          :     Mr. Shree Ram Choudhary, PP
For Respondent(s)         :     Mr. Devendra Sanwalot



                HON'BLE MR. JUSTICE FARJAND ALI

Order

13/01/2026

1. Matter comes upon an application under Section 5 of the

Limitation Act seeking condonation of delay.

2. Heard.

3. The delay has occurred due to procedural and administrative

reasons, including time taken in obtaining the certified copy,

processing the matter at different governmental levels and grant

of sanction for filing the appeal. The explanation offered appears

bona fide and the delay is not intentional or deliberate.

4. Accordingly, the application under Section 5 of the Limitation

Act is allowed. The delay of 161 days in filing the leave to appeal

is condoned. The leave to appeal be registered and proceeded

with in accordance with law.

5. In a prosecution launched against the respondents for the

commission of offences under the penal provisions of the NDPS

(Uploaded on 14/01/2026 at 05:03:48 PM)

[2026:RJ-JD:1853] (2 of 2) [CRLLA-69/2025]

Act, the learned trial court after full-fledged trial acquitted the

accused respondents.

6. Having a cursory look over the judgment of acquittal passed

by the trial court, it is felt that the State should be permitted to

prefer an appeal against the impugned judgment.

7. Accordingly, the instant application seeking leave to appeal is

allowed. The memo of leave to appeal application shall be treated

and registered as an appeal. The parties shall be heard at the time

of hearing on the point of admission of appeal.

8. Office to proceed.

(FARJAND ALI),J 72-divya/-

(Uploaded on 14/01/2026 at 05:03:48 PM)

Powered by TCPDF (www.tcpdf.org)