CRJA/152/2023
2023 Latest Caselaw 3453 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                           COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      20.11.2023                        CRJA No. 152 of 2023
                                        With
                                        Delay Condonation Appln. No. 01 of 2023
                                        Exemption Application No. 02 of 2023
                                        Bail Application No. 03 of 2023

                                        Hon'ble Manoj Kumar Tiwari, A.C.J.
                                        Hon'ble Pankaj Purohit, J.

1. Ms. Sheetal Selwal, learned Legal Aid counsel for the appellant.

2. Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State.

3. This is a jail appeal against conviction filed under Section 374(2) read with Section 383 of Cr.P.C., whereby the appellant has been convicted for offences punishable under Sections 506 of IPC, and Section 6 of Protection of Children from Sexual Offences Act, and was sentenced to undergo rigorous imprisonment for a period of one year under Section 506 of IPC. The appellant was further sentenced to rigorous imprisonment for 20 years under Section 6 of POCSO Act, along with fine of Rs.50,000/- with default stipulation of additional imprisonment of six months, vide judgment dated 28.06.2023, passed by learned Additional Sessions Judge

of 2020. Both the sentences were directed to run concurrently.

4. As per Office Report, there is delay of 72 days in filing the present appeal.

5. Learned State counsel fairly submits that he does not propose to file any objection to the delay condonation application, as the appellant was in jail during trial and during the pendency of present appeal.

6. In such view of the matter, we condone the delay of 72 days in filing the present appeal. Accordingly, delay condonation application is allowed.

7. The requirement of filing affidavit in support of bail application, as well as delay condonation application, is dispensed with. The exemption application is allowed.

8. Admit.

9. Lower Court record be summoned.

10. List on 26.02.2024.

11. Objection to the bail application, if any, be filed, in the meantime.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, A.C.J.) 20.11.2023 20.11.2023 Negi