Dismissed

Balvinder Singh @ Bindi v. State Of M.p. now C.g.

Chhattisgarh HC3 May 2019CRMP/702/2014

Case brief

AI extract

What is this about?

In this bail-and-appellate matter, the petitioner sought recall of an appellate order passed nearly three years earlier on grounds of non-knowledge due to the appellant's death when the petitioner was a child. The court dismissed the petition, noting the significant delay violated the provisions of Section 394 Cr.P.C. requiring leave to continue the appeal within 30 days of death.

What did the court decide?

Petition to recall the order dated 22.11.2011 in Criminal Appeal No. 2118/1996 is dismissed.

Balvinder Singh @ Bindi Vs State Of M.p. now… — Criminal Trial and Appeal | Chhattisgarh HC (2019)

CRMP No. 702 of 2014

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 702 of 2014

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•Balvinder Singh @ Bindi S/o Gurdayal Singh Sikh, deceased Represented Through Lr and son Bhagawant Singh S/o Late Balvinder Singh Now Aged 24 Years, R/o Village Nangal Bedal, P.S. Ajanara, Distt. Amritsar Punjab.

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---- Petitioner

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Versus

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State Of M.P. Now C.G. through Police Station Kotwali, Durg, C.G.

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---- Respondent

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For Petitioner :- Shri Uttam Pandey, Advocate. For Respondent-State :- Shr R. Tripathi, PL

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Order On Board

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Hon'ble Shri Prashant Kumar Mishra, Ag. CJ

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03/05/2019

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By this petition under Section 482 of Cr.P.C. the petitioner,

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who is son of the deceased Balvider Singh @ Bindi, is seeking for recalling the order dated 22.11.2011 passed by this Court in Criminal Appeal No.2118/1996.

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The petitioner preferred the petition mainly on the ground

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CRMP No. 702 of 2014

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that during pendency of the criminal appeal his father died on 13.07.2005 and at the relevant point of time the petitioner was aged about 6-7 years and he had no knowledge about the conviction and sentence of his father.

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Having heard learned counsel for the parties and perusal of the record it is manifest that the petitioner has preferred the present petition after a delay of 9 years from the date of death of his father and after 3 years from the date of order passed by this Court. As per the provisions of Section 394 of the Cr.P.C. if the appellant dies during pendency of the appeal any of his near relatives may within 30 days of the death of the appellant apply to the appellate Court, for leave to continue the appeal and if leave is granted the appeal shall not abate.

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In the case at hand, the petitioner's relative has not approached this Court within the stipulated period.

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In view of the above the petition is dismissed.

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Sd/(Prashant Kumar Mishra) Acting Chief Justice

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Ankit/Gowri

Balvinder Singh @ Bindi v. State Of M.p. now C.g.

Case brief

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What did the court decide?

Balvinder Singh @ Bindi v. State Of M.p. now C.g.

Case brief

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