PUNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The petitioner is challenging the validity of the order dated 08.10.2014 whereby the Addl. District & Sessions Judge, Mukam, Nagaur dismissed the appeal filed by the petitioner while refusing to condone the delay even if the application under Section 5 of the Limitation Act for condonation of delay was filed by the petitioner.

(2.) The petitioner was convicted by the Judicial Magistrate, First Class, Nagaur vide its judgment dated 07.1.2014 for offence under Sections 457 and 380 I.P.C. and punished for aforesaid offence for three years RI along with fine of Rs. 3000/-. Due to unavoidable reasons, the petitioner could not file an appeal within limitation but preferred the appeal against the judgment dated 7.1.2014 in the month of June, 2014.

(3.) In the opinion of this Court, in criminal case, the matter is to be decided on merit and the application for condonation of delay in filing appeal is required to be decided leniently by the subordinate Court but herein this case, the appellate Court rejected the application filed under Section 5 of the Limitation Act inspite of the fact that certain reasons were incorporated in the application under Section 5 of the Limitation Act for condonation of delay. In view of above, this revision petition is allowed. Consequently, the order dated 08.10.2014 is hereby quashed and set aside and the delay in filing the appeal is hereby condoned and the Addl. District & Sessions Judge, Mukam, Nagaur is directed to decide the appeal on merit. The petitioner will be at liberty to file application for suspension of sentence in appeal filed by him before the appellate Court.