Umesh Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.264 of 2018 In CRIMINAL APPEAL (SJ) No.3485 of 2017 Arising Out of PS. Case No.-163 Year-2002 Thana- GHORASAHAN District- East Champaran ====================================================== Umesh Rai, S/o Ram Bilash Rai, resident of village Sapha, P.S. Ghorasagan, District East Champaran ... ... Appellant/s
Versus
1. The State Of Bihar
2. Sikandar Rai
3. Birendra Rai Both son of Jang Bahadur Rai
4. Banka Rai
5. Lakhbir Rai
6. Sota Rai
7. Radha Rai All sl. No. 4 to 7 are son of Thaga Rai
8. Sanjai Rai S/o Radha Rai
9. Raj Kishore Rai S/o Radha Rai
10. Rajdeo Rai, S/o Radha Rai
11. Dharamdeo Rai
12. Devendra Rai
13. Prabindra Rai All sl. no. 11 to 13 are sons of Sota Rai All sl. no. 2 to 13 are resident of village - Sopha, P.S. Ghorasahan, District -East Champaran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Binod Kumar Singh For the Respondent/s :
Smt. Abha Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 02-04-2019 Heard learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State on
Patna High Court CR. APP (DB) No.264 of 2018(11) dt.02-04-2019 2/3 I.A. No. 750/2018, I.A. No. 751/2018 as well as on the point of admission.
I.A. No. 750 of 2018 has been filed under Section 5 of the Limitation Act on behalf of the appellant for condonation of delay of more than one year in filing this criminal appeal on the ground that after pronouncement of impugned judgment, the appellant handed over relevant documents to his Pairvikar to prefer his appeal against the impugned judgment but Pairvikar of the appellant did not file appeal and when the appellant inquired about the filing of the appeal from his Pairvikar, then the appellant learnt about non filing of the appeal against the impugned judgment.
We find that the appellant has not given sufficient cause of delay and the reason as placed by the appellant of not filing the appeal in time does not appear to be convincing. The appeal is highly time barred and, therefore, we do not think it proper to condone the delay in filing this criminal appeal and, accordingly, in our view this criminal appeal is liable to be dismissed being time barred.
Since, this Court has held that this appeal is time barred, therefore, there is no need to pass order on I.A. No. 751 of 2018, accordingly, this appeal stands dismissed being
Patna High Court CR. APP (DB) No.264 of 2018(11) dt.02-04-2019 3/3 time barred.
(Hemant Kumar Srivastava, J) ( Rajendra Kumar Mishra, J) Spd/- U