Jharkhand High Court
Kamal Das vs The State Of Jharkhand on 1 April, 2014
Author: D.N.Patel
Bench: D.N. Patel, Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. (Cr.) No. 1517 of 2014
in
Cr.Appeal (D.B.) No.141 of 2014
Kamal Das ... ... Appellant
Versus
State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE D.N. PATEL
HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Appellant : M/s Ramit Satender
For the Respondent : Mr. R. Mukhapadhyay, S.C.II
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02/Dated 1st April , 2014
1. Present interlocutory application has been preferred under section 5 of the Limitation Act, 1963, for condonation of delay of 2145 days in preferring this Criminal Appeal.
2. Having heard counsel for both sides and looking to the reasons stated in the interlocutory application, especially in paragraph No.s 7,8,9 and 10, it appears that there are reasonable grounds for condonation of delay.
3. In view of these facts, we, hereby, condone the delay in preferring this Criminal Appeal.
4. Accordingly, I.A. No. 1517 of 2014 is allowed and disposed of.
5. We, hereby, took notice of the fact that despite Jharkhand State Legal Services Authority had written a letter to the advocate, who is on the panel of JHALSA, in the month of February, 2013, this appeal has been filed in the month of March, 2014. All care should have been taken by the Secretary, High Court Legal Services Committee that once papers are assigned to the advocates empaneled with JHALSA for filing an appeal, they should file it within a reasonable time, i.e. within a period of maximum 14 days. If the appeal is not filed, Member Secretary, HCLSC will assist the advocate, who is on the panel of JHALSA and whom the matter is assigned, even in preparation of grounds in filing the appeal. This assistance is a must for the Member Secretary, High Court Legal Services Committee. Henceforth, this type of delay on the part of the advocates, who are on the panel of JHALSA, shall not be tolerated. If need be, a circular to this effect should also be issued by JHALSA for its empaneled lawyers, who are not preferring appeals within 15th days after the matter -2- has been assigned to them.
6. Copy of this order shall be supplied to the Registrar General of this court, Member Secretary, High Court Legal Services Committee and also to the Secretary, Jharkhand Legal Services Authority
7. In view of the above observation, Registry of this court is directed to enlist this Criminal Appeal on the board of 'Admission' on 22nd April, 2014.
(D.N.Patel, J.) (Amitav K.Gupta,J.) s.m.