(1.) THE limitation of criminal appeals is provided under Article 115 of the Indian Limitation Act, 1963 which is 60 days from the date of the sentence and/or order. The present appeal is filed on behalf of the two accused persons, who were convicted in Sessions Trial No. 298/91 vide Judgment and order of the Third Additional Sessions Judge, Raipur dated 259-1993. The appeal is reported to be time barred by 13 days and an application for condonation of delay in filing the appeal has been filed wherein the learned counsel Shri S. L. Kochar has made two-fold prayer, one for permitting him for deleting the name of the appellant No. 1 Sohanlal from the array of the appellants; and the second for condoning the 13 days' delay in filing of the appeal.
(2.) THESE two prayers relate to different items and the learned counsel is expected to know that one application is supposed to contain only one prayer. Joining of such prayers is not prepared.
(3.) LEARNED counsel, in so far as the first prayer is concerned, submitted that the appellant Sohanlal's appeal was separately filed and the same was admitted and is pending in this Court for hearing, being Cr. Appeal No. 1083/93. The reason for delay in filing the appeal as given in the application though without any affidavit, is that the appellant is lodged in jail and in the family there was no responsible person so to file the appeal by engaging any lawyer; and for this purpose, he entrusted the matter to one Radheshyam, the father of the co-accused Sohanlal but it appears that he got the appeal filed only on behalf of Sohanlal. The appellant having come to know that the appeal on his behalf has not been filed, he contacted one Barelal, the clerk of Shri J. N. Sharma, Advocate, Raipur to file the appeal, who arranged for filing of his appeal and sent the copy of the judgment and relevant documents through his relation at Jabalpur to the counsel Shri S. L. Kochar and this time, again a confusion developed that instead of filing the appeal on behalf of one accused person, the appeal was filed on behalf of two persons i. e. the appellant and one Sohanlal whose appeal was already pending in this Court.