AATAMDAS Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Revision under Sections 397, 401 of Cr.P.C. has been filed against the order dated 26/12/2017 passed by First Additional Sessions Judge, Dabra, District Gwalior in an unregistered Criminal Appeal ./2017, by which the application filed by the applicant under Section 5 of the Indian Limitation Act was rejected.

(2.) The applicant was tried for an offence under Sections 294, 327, 323, 34 and 506 (Part-II) of IPC. Accordingly, he was convicted under Sections 327/34 and 323/34 of IPC by the trial court by judgment dated 19/6/2012 passed in Criminal Case No.404/2010. The applicant was released on bail for a limited period by the trial court, so that he can obtain a bail order/stay order from the superior court. It appears that the applicant did not file any appeal and went absconding. Thus, after the expiry of period of limited bail granted by the trial Court, the warrants were issued. It appears that thereafter the applicant filed a criminal appeal before the appellate Court with an application under Section 5 of the Indian Limitation Act. The appellate Court by order dated 26.12017 rejected the said application on the ground that the applicant has failed to give any sufficient reason for not filing the appeal within the period of limitation and consequently, the criminal appeal filed by the applicant was also dismissed as barred by time.

(3.) It is submitted by the counsel for the applicant that the appellate Court should have adopted a lenient view while entertaining the application under Section 5 of the Indian Limitation Act, as the applicant would suffer the penal consequences as he is in jail. To buttress his contentions, counsel for the applicant has relied upon the orders dated 31.01.2018, 02.02.2018 and 20.02.2018 passed by the Division Bench of this Court at Indore in Cr.A. Nos. 742/2018, 981/2018 and 649/2018 respectively.