LAWS(P&H)-2022-12-139

CHARANJIT SINGH Vs. STATE OF PUNJAB

Decided On December 01, 2022
CHARANJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Prayer in this petition is for quashing of order dtd. 4/7/2022, vide which the appeal filed by the petitioner against the judgment of conviction and order of sentence dtd. 7/5/2022, passed by the trial Court in case/FIR No. 39 dtd. 11/4/2014, registered under Ss. 406, 420, 465, 468, 471 of the IPC at PS-City Nawanshahr, has been dismissed for non-prosecution.

(2.) Learned counsel for the petitioner relies upon a judgment of Hon'ble Supreme Court rendered in 2022 (3) RCR (Criminal) 915 Dhananjay Rai @ Guddu Rai vs. State of Bihar, wherein, while relying upon AIR 1987 SC 1500 Ram Naresh Yadav vs. State of Bihar, the following observations have been made:

(3.) Learned counsel for the petitioner has additionally argued that since the appeal was filed within a period of 30 days i.e. the time granted by the trial Court for filing the appeal and the sentence of the petitioner/appellant was suspended during the said period, which has now lapsed on account of dismissal of the appeal for want of prosecution, the time granted by the trial Court may also be extended.