ABDUL GHAFOOR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Gaurav Aggarwal, learned counsel appearing for the petitioners, and Mr. Ardhendumauli Kumar Prasad, learned counsel appearing for the State of Bihar.

(2.) Leave granted.

(3.) The appellants were convicted by the trial Court (Judicial Magistrate -Ist Class, Kishanganj), under Sections 323, 447 and 452 of the Penal Code and sentenced to two years rigorous imprisonment under Section 452 of the Penal Code; the substantive sentences for the other two offences were of lesser periods and all the sentences were directed to run concurrently. The appeal preferred by the appellants against the judgment and order passed by the trial court was dismissed by the Sessions Judge. They approached the High Court in Criminal Revision No.1383/2010 but the revision was filed after a delay of more than 15 months. The appellants sought condonation of delay in filing the revision taking plea that they were working in Delhi to earn their livelihood and it took them some time to go back to their home and take steps for filing the revision. The High Court did not accept the reason assigned by the appellants as a valid or sufficient reason for condoning the delay and, consequently, dismissed the revision, without going into the merits of the case, as barred by limitation.