The High Court at Patna entertained an application for condonation of delay in filing a criminal appeal. After hearing counsel, the Court observed no merit in the appeal and dismissed it, noting the appellant's criminal antecedents and the informant's testimony.
Conditional waiver in appeal
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5753 of 2019
Arising Out of PS. Case No.-244 Year-2017 Thana- SASARAM NAGAR District- Rohtas
======================================================
Anil Kuswaha @ Sandesh @ Rakesh Mishra, S/o Late Subhag Singh, R/o village- Kasher, P.S.- Bhagwanpur, District- Kaimur at Bhabua
... ... Appellant
Versus
The State of Bihar
... ... Respondent
====================================================== Appearance : For the Appellant/s : Mr. Ranjay Kumar Patel- Advocate For the Respondent/s : Mr. Sadanand Paswan- S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
3 02-06-2020
I. A. No.01 of 2020 has been filed for condonation of delay of 185 days in filing this criminal appeal. The delay in filing this appeal is condoned and accordingly, I.A. No.01 of 2020 stands disposed of.
Heard learned counsel appearing for the appellant as well as learned Special Public Prosecutor for the State through video conferencing.
Although, learned counsel appearing for the appellant tried his best to convince this Court about the false implication of the appellant, but taking note of this fact that the informant, being eye witness, claimed that it was appellant, who shot fire on the deceased and also taking note of this fact that appellant does have criminal antecedent of several cases, in my view, this
Patna High Court CR. APP (SJ) No.5753 of 2019(2) dt.02-06-2020 2/2
appeal does not have any merit and accordingly, this appeal stands dismissed.
(Hemant Kumar Srivastava, J)
vikash/-
U T
2 issues framed by the court
Whether the delay in filing the criminal appeal should be condoned.
Whether the appellant has a credible defence to the offences charged.
Anil Kuswaha
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
