PRITAM Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The present petition has been filed for quashing the order dated 12.06.2018 passed in Cr. Appeal No. 128 of 2018 by the learned District and Sessions Judge, Patna whereby and where-under the appeal has been admitted, after condoning delay of 702 days, which had occurred in preferring the appeal by the State of Bihar against the judgement dated 20.05.2016 passed by the learned Judicial Magistrate-1st Class, Patna, acquitting the petitioner herein in connection with G.R. No. No. 494/ 2007 arising out of Gardanibagh P.S. Case No. 77 of 2007.

(2.) The only issue raised by the learned counsel for the petitioner is that the learned District & Sessions Judge, Patna has condoned the delay in filing the appeal by the impugned order dated 12.06.2018, without issuing notice to the petitioner herein.

(3.) At this juncture, it would be relevant to mention that as per Article 114 of the Schedule to the Limitation Act, 1963, the period of limitation for filing an appeal from the order of acquittal under Sub-Section (1) or Sub-Section (2) of Section 417 of the Code of Criminal Procedure, 1898, which is Section 378 of the Code of Criminal Procedure, 1973 is 90 days from the date of order of appeal, hence, Section 5 of the Limitation Act, 1963 would be applicable for the purposes of condonation of delay in filing the criminal appeals against the judgement of acquittal, hence, it would be relevant to reproduce Section 5 of the Limitation Act, 1963 herein below:-