(1.) THIS is a jail appeal, whereby convict of Sessions Case No. 11 of 2008 convicted by the learned additional Sessions Judge, Dhrangadhra by judgment and order dated 21.07.2008, has challenged such judgment through legal aid. Pursuant to his request by his letter dated 17.11.2009, this appeal has been initiated as such, and it is admitted by an order dated 22.01.2010. However, probably in absence of an application for bail pending appeal, appellant has not been released on bail and thereby he is in jail at present. Since appeal has been initiated only because of his letter, practically there is delay of 439 days in preferring such appeal, which was condoned by an order dated 22.01.2010 in Criminal Misc. Application No. 13315 of 2009.
(2.) I have heard learned advocate Mr. Rajendra Patel for the appellant appointed by the Legal Aid Committee and learned APP Ms. Jirga Jhaveri for the opponent State.
(3.) BY impugned judgment and order, the appellant has been convicted for 10 years under Section 363, 366 and 376 of the Indian Penal Code and he has undergone imprisonment of almost 7 years as on date.
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