RANGO BENRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Khatri for the petitioner and Mr. S. N. Sinha for the State on the application under Section 5 of the Limitation Act at Flag A.

(2.) The petitioner who is an accused for an offence, under Section 366 read with Section 376, I.P,C. was convicted and sentenced to undergo rigorous imprisonment by the trial Court by its judgment dated 6-8-1981. Against the order of conviction and sentence, the petitioner filed a Criminal Appeal No. 172 of 1981. The appeal was admitted and by order dated 6-2-1990 the learned First Additional Sessions Judge at Chaibasa disposed of the said appeal on merit without hearing any body on behalf of the petitioner appellant. It is not in dispute that the petitioner was all along on bail. On 26-3-1991 warrant of arrest was issued against the petitioner and pursuant thereto he was arrested on 16-6-1995 and was produced before the trial Court to undergo the sentence. On 29-6-1995 he filed an application for certified copy of the judgment of the Appellate Court as well as the trial Court. On 3-7-1995 the petitioner received the certified copy of the Appellate Court judgment. However, on 7-8-1995 the petitioner received information from the record from of the trial Court, that the records had not been deposited till date.

(3.) Learned Counsel for the petitioner has submitted that after the petitioner was released on bail, he got an employment ip TISCO and he was sure of the fact that his counsel would inform about the fate of the criminal appeal preferred by him. However, no information was given to the petitioner and as such, he was under the impression that appeal was yet to be disposed of. When the petitioner was arrested on 16-6-1995, he came to know for the first time that his appeal was dismissed on merit by the lower Appellate Court. When he obtained the certified copy of the Appellate Court judgment, he could know that no body appeared on his behalf to press the appeal.