h475

S.No.213

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Muzaffar Iqbal

...Petitioner(s)

Through:-

V/s

State of J&K and another

...Respondent(s)

Through:- Mr. Adarsh Bhagat, GA

Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

JUDGMENT(ORAL)

1)

This is an application by the petitioner seeking condonation of

885 days’ delay in filing appeal against the order and judgment

dated 30.112012 passed by the Court of learned Sessions Judge,

Poonch (<appellate court=) in file No.01/appeal titled Mohd.

Mehboob and others v. State through Police Station, Mandhar.

2)

Briefly stated, the facts leading to the filing of this belated

appeal by the petitioner are that, on 20.04.2000, the complainant

Mohd. Razaq appeared at Police Station, Mendhar in an injured

condition and produced an application against sixteen persons

including the petitioner herein with the allegation that on account of

an old enmity between the complainant and the accused over a piece

of land all the accused with a common criminal intention armed

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with axes, rambi and lathies etc attacked the complainant and his

family. On the basis of the allegations contained in the application,

FIR No.46/2000 under Sections 307/452/147/148/109 RPC was

registered and after filing injured form, the injured persons were

referred to medical officer, SDH, Mendhar for treatment.

Investigation of the case was entrusted to Sh. Ramesh Chander

60/IHC, who, during the course of investigation, visited the spot,

prepared site plan, recorded statements of witnesses under Section

161 Cr.P.C. and completed other requisite legal formalities. The

medical report in respect of the injured person was received from

SDH, Mendhar and as per the medical opinion, Section 324 RPC

was also added in the case. The Investigating Officer completed the

investigation and found the offences alleged proved against the

accused persons including the petitioner herein. The challan was

presented before the competent Court of law. The Court of Judicial

Magistrate 1^st Class, Mendhar (<the trial court=) framed the charges

and called upon the prosecution to lead its evidence. The trial court

found the petitioner herein and nine others guilty of commission of

offences

under

Sections

452/324/147/148/109

RPC

and,

accordingly, convicted them. On appeal by the accused persons

including the petitioner herein, the appellate court vide judgment

dated 30.11.2012, impugned herein, upheld the conviction recorded

by the trial court but granted benefit of the provisions of Section 562

Cr.P.C and, accordingly, let off the petitioner and other accused on

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probation of good conduct subject to their entering into a bond to

appear to receive sentence when called upon during the next one

year and in the meantime keep peace and maintain good behaviour.

It is this order of the appellate court, which is sought to be assailed

by the petitioner by way of an appeal, which he has filed after a

huge delay of 885 days.

3)

The only ground urged for seeking condonation of

delay is that since the petitioner was exempted from personal

appearance by the appellate court and, therefore, he was not present

on the date the judgment impugned was pronounced. It is submitted

that the petitioner was informed about the judgment much later and,

therefore, there was a delay of 885 days.

4)

Notice in the matter was issued on 05.08.2015 and on being

put on notice, respondents entered their appearance through Mr.

P.S.Chandel, the then Deputy Advocate General. Status report on

behalf of the respondents too h