Require Help
Renuka
(Querist) 19 November 2008
This query is : Resolved
A was sentenced to rigorous imprisonment for two months for a criminal offence. After the expiry of the period of the sentence, he filed an appeal against his conviction and sentence and prayed for the condonation of delay on the ground of imprisonment. Will the court be justified in extending the period of limitation in this case?
Can anybody help me in solving this case? reply me on gaur.renuka@gmail.com
Tribhuwan Pandey
(Expert) 19 November 2008
When the period of period of the sentence has been completed, for what you are filing an appeal. I think the matter has become infractuous. Only remedy is to get compensation if the imprisonment is false.
Renuka
(Querist) 19 November 2008
Sir, i am doing the Company Secretary Course and this is the case study, would request if you can answer in details form. Also mention the Section if any.
Tribhuwan Pandey
(Expert) 19 November 2008
Madam Renuka ji you have written your case study in few words. First thing is that the appeal is not maintainable because the sentence has been completed. For your kind information there is no provision of appeal in petty cases- section 375 & 376 Cr.P.C., the proper remedy is revision, no appeal lies in such cases but it is not clear which court had passed the sentence. In such cases revision be filed to the revisional court. Period of limitation is 30 days under Second Division Appeal of Limitation Act 115(b)(ii).It is not a civil case but when the sentence has been expired and person has been released then there is no question to file an appeal/revision.
Secondly, there is no excuse that the person is in jail hence could not file an appeal because there is a provision of jail appeal u/s 383 Cr.P.C.
Adv.Shine Thomas
(Expert) 20 November 2008
You are correct,Mr.Tribhuwan.U/s.383 CrPC,if the applicant is in jail,he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail,who shall thereupon forward such petition and copies to the proper Appellate Court.So there is no chance for such an excuse.
