High CourtsDivision Bench

Lal Singh Bhumij vs State of Jharkhand

Jharkhand High Court · Decided on 2 January 2013 · Citation: (2013) 2 AJR 78

HON’BLE JUDGES
Dhrub Narayan Upadhyay, J · Dhirubhai Naranbhai Patel, J
CASE NUMBER
I.A. No. 1569 of 2012

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Judgment

3 paragraphs · 224 words

Dhirubhai Naranbhai Patel, J.—The present interlocutory application has been preferred u/s 5 of the Limitation Act, for condoning the delay of 1257 days, in preferring the present Criminal Appeal No. 951 of 2012. Having heard counsel for both the sides and looking to the reasons stated in paragraph Nos. 2, 3 and 4 of the interlocutory application, it appears that there are reasonable reasons for condoning the delay in preferring this Criminal Appeal. It is stated in the interlocutory application that the appellant-accused is in custody since 2008 and the conviction order is dated 12th February, 2009. Free copy of the judgment was handed over to the Chaibasa jail authority, but, no appeal was preferred by the jail authority through legal aid and hence, there is delay in preferring this criminal appeal. We, therefore, condone the delay in preferring this Criminal Appeal No. 951 of 2012.

2.

I.A. (Cr.) No. 1569 of 2012 is allowed and disposed of.

3.

We hereby, direct the Jail Superintendent of Chaibasa District to explain why they have not sent the papers to the Legal Services Authority for preferring the appeal on behalf of the appellant. This explanation will be offered on or before the next date of hearing. Registry is directed to enlist Criminal Appeal No. 951 of 2012 under the heading "For Admission" on 14th January, 2013.