IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 463 of 2006
Apurba Choudhary ... Appellant
Versus
State of Jharkhand ... ... ... ... Opposite Party
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CORAM: THE HON'BLE MRS. JUSTICE JAYA ROY
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For the Appellant :M/s Navin Kumar Jaiswal
For the State : Mr. Shekhar Sinha, A.P.P.
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I.A. No.1232 of 2011
14/06.07.2011
This interlocutory application has been filed by the son of the
appellant for condonation of delay of 88 days in filing I.A. No. 1028
of 2011 under Section of 394 of the Cr.P.C. in Criminal Appeal
(S.J.) No. 463 of 2006.
Heard the learned counsel for the appellant and learned
counsel for the State, Mr. Shekhar Sinha.
As the sufficient cause has been shown by the son of the
appellant, the delay in filing of I.A. No. 1232 of 2011 is condoned.
Accordingly, I.A. No. 1232 of 2011 is allowed.
I.A. No. 1028 of 2011
Heard the learned counsel for the appellant and the learned
counsel for the State, Mr. Shekhar Sinha.
This interlocutory application has been filed by the son of the
deceased-appellant praying therein to make him party in this
appeal in place of his father, as his father namely, Apurba
Choudhary, who was appellant in this case, died on 07.02.2011
and further to grant him leave to continue this appeal instead of
abatement of the appeal.
It is contended that as his father was innocent and there is
ample chance of acquittal of his father, he wants to continue this
appeal.
After considering the submissions made by the parties, I.A.
No. 1028 of 2011 is allowed and leave is granted to continue the
appeal and the appeal will not abate.
Office is directed to take the necessary steps in this appeal
accordingly.
( Jaya Roy , J)
Satayendra