Rajasthan High Court - Jaipur
Ajay Kumar Son Of Shri Madan Lal vs State Of Rajasthan on 17 February, 2023
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 209/2023
Ajay Kumar Son Of Shri Madan Lal
----Appellant
Versus
State Of Rajasthan
----Respondent
Connected With S.B. Criminal Appeal (Sb) No. 1917/2022 Roopnarayan Son Of Omprakash
----Appellant Versus Central Bureau Of Narcotics
----Respondent For Appellant(s) : Mr. Hari Shanker Gaur, Mr. Hemang Singa for Mr. Pankaj Gupta For Respondent(s) : Mr. Namandeep Singh for Mr. Anand Sharma HON'BLE MR. JUSTICE FARJAND ALI Order 17/02/2023 In S.B. Criminal Appeal No. 209/2023:
Learned counsel for the respondent Mr. Namandeep Singh, apprised this Court that the reply in this matter is going to be filed during course of the day.
Heard on an application filed under section 5 of the limitation Act.
As per the office report, there is a delay of 108 days in filing the appeal. It is contended that since 03.12.2019, the appellant is behind the bars and since there was no other person in his family to pursue his cause, therefore, he precluded from preferring an (Downloaded on 24/02/2023 at 12:07:36 AM) (2 of 2) [CRLAS-209/2023] appeal within the period stipulated. He has a strong, arguable and meritorious case he should not be thrown away on the ground of technicalities since its a matter of liberty guaranteed by the Constitution of India as well as the statutory, therefore, a lenient and sympathetic view may be taken for condonation of delay.
Learned Public Prosecutor does not dispute the fact that the appellant is behind the bars and in fact the appeal was sent through Jail Superintendent.
Considering the submissions, the application is allowed. Accordingly, the delay in filing the appeal is condoned. A temporary application for suspension of sentence has preferred on the ground of demise of father of appellant, therefore, Mr. Namandeep Singh seeks time to verify the fact since cremation has already been performed.
List on 24.02.2023.
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