SABIR KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this criminal revision under Section 397 read with Section 401 of CrPC, assailing the order dated 9.1.2019 passed by First Additional Sessions Judge, Ashoknagar in MJC No. 2/2019 (Sabir Khan vs. State of MP), whereby the application (IA No. I) filed by the petitioner under Section 5 of Limitation Act for condoning the delay in filing the appeal under Section 383 of CrPC against his conviction and sentence, has been dismissed.

(2.) The facts giving rise to filing of this revision are that the petitioner had been charged for the offences punishable under Section 457/380 of IPC and after trial, he was convicted under the aforesaid sentences and sentenced to one year RI with fine of Rs.500/- for each offence vide judgment dated 17.11.2005. The trial Court itself had suspended his jail sentence for a period of one month and the petitioner was directed to get stay order from the appellate Court in the meantime, but the petitioner could not file the appeal and remained absent and thereafter he was given repeated opportunities for his appearance before the Court but he could not appear. Thereafter, arrest warrant was issued against him. On 20.12.2018 the petitioner appeared himself before the Court then he was sent to Jail for serving out the remaining jail sentence. The petitioner against his conviction and sentence filed an appeal under Section 383 of CrPC and along with the memo of appeal he also filed an application (IA No.I) under Section 5 of Limitation Act, for condoning the delay in filing the appeal, which has been dismissed by the appellate Court. Hence, this revision.

(3.) Learned counsel for the petitioner has submitted that the petitioner is an illiterate person and is not acquainted with the nicety of law. The appellate Court has ignored the fact that in compliance of the arrest warrant the petitioner himself surrendered on 20.12.2018 before the Court from where he was sent to Ashoknagar Jail and after getting certified copy of the judgment he filed the appeal on 24.12.2018 being holidays on 22 nd and 23rd December, 2018. Thus, the appeal was filed in time but the Appellate Court rejected the application which is wrong. Hence, prayed for setting aside the impugned order dated 9.1.2019.