SAMIR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has preferred this Cr. Rev. against the order impugned passed by the Sessions Judge. Lohardaga in Cr. Appeal No. 08 of 2006 on 11.7.2007 whereby and whereunder, according to the learned counsel for the petitioner, the appeal preferred by the appellant -petitioner was rejected being not maintainable on the ground that the appeal was time barred by 37 days and no petition under Section 5 of the Limitation Act was preferred. It was further observed that on repeated calls when the lawyer of the appellant petitioner did not appear, the learned Sessions Judge held that the appellant was not interested to get the appeal admitted and accordingly it was rejected.

(2.) MR . Rajiv Anand, the learned counsel submitted that no criminal appeal can be dismissed on the ground of default in appearance as held by the Apex Court in Parasu Ram Patel and Anr. VS. State of Orissa reported in [1995(1) East Cr. C 468(SC)]. It was observed by the Apex Court: -

(3.) THE learned counsel further pointed out that Ranchi Bench of the Patna High Court in Dashrath Bhokta and Ors vs. State of Bihar reported in [1996(2) East. Cr. C 915(pat.)] held: -