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Rajendra Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 348 of 1981
Judge
Reported in(1982)3SCC382
ActsCode Of Criminal Procedure (Cr.P.C), 1973 - Sections 374, 383, 386
AppellantRajendra
RespondentState of Rajasthan
Excerpt:
- [ a.p. sen and; d.a. desai, jj.] - criminal trial — appeal — delay of 49 days in filing appeal by accused from jail — in view of the circumstances explained by the accused for the delay, held, high court not justified in dismissing the appeal without going into the merits of the case -- having regard to those circumstances, we think that the high court ought not to have dismissed the appeal on the only ground that the appeal is barred by limitation. liberty to move the high court for bail. - the apex court allowing the appeal held that there was good reason for condonation of delay as the appellant was in jail and remanded the matter back to high court for disposal on merits with liberty to move high court for bail.d.a. desai, j.1. special leave granted.2. this is an appeal in which the high court declined to examine the appeal on merits on the ground that there is a delay of 49 days in filing the appeal. the appellant was in jail. he has submitted an application explaining the circumstances in which the delay occurred in filing the appeal. having regard to those circumstances, we think that the high court ought not to have dismissed the appeal on the only ground that the appeal is barred by limitation. there is a good ground for condoning the delay. accordingly, we allow this appeal, set aside the order of the high court dismissing the appeal as time barred and remit the case to the high court to admit it as appeal and dispose it of on merits. liberty to move the high court for bail.
Judgment:

D.A. DESAI, J.

1. Special leave granted.

2. This is an appeal in which the High Court declined to examine the appeal on merits on the ground that there is a delay of 49 days in filing the appeal. The appellant was in jail. He has submitted an application explaining the circumstances in which the delay occurred in filing the appeal. Having regard to those circumstances, we think that the High Court ought not to have dismissed the appeal on the only ground that the appeal is barred by limitation. There is a good ground for condoning the delay. Accordingly, we allow this appeal, set aside the order of the High Court dismissing the appeal as time barred and remit the case to the High Court to admit it as appeal and dispose it of on merits. Liberty to move the High Court for bail.


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