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2023 Supreme(Raj) 2106

FARJAND ALI
Sohan Lal @ Sonu – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Bhushan Singh Charan.
For the Respondent: Mr. A.R. Choudhary, PP.

ORDER :

Farjand Ali, J.

By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dated 08.09.2022 passed by the learned Additional Sessions Judge No.3, Camp Mandalgarh, District Bhilwara in Criminal appeal No.35/2018 whereby the learned Judge affirmed the judgment of conviction and order of sentence dated 30.06.2017 passed by learned Judicial Magistrate, Bijoliya, District Bhilwara in Criminal Regular Case No. 73/2014; whereby the petitioner has been convicted for the offence under Section 454 of IPC and has been sentenced to suffer rigorous imprisonment of 3 years and a fine of Rs.25,000/- and in default, he has been directed to further undergo six months' of additional rigorous imprisonment.

2. The defect of non-filing of the affidavit is over-ruled in view of the fact that the petitioner is in judicial custody.

3. The revision petition is time barred by 49 days. An application under Section 5 of the LIMITATION ACT has been filed seeking condonation of delay.

4. Heard on the application under Section 5 of the LIMITATION ACT .

5. It is contended that the petitioner is behind the bars and there was no one to pursue his cause and to render lega

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