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Judgment
Heard learned counsel for the appellants as well as learned Additional Public Prosecutor.
All the appellants have been found guilty for an offence punishable under Sections 323 IPC, 341 IPC, 504 of the IPC and independently
sentenced for each Section to undergo S.I. for six months as well as to pay fine appertaining to Rs.300/- and in default thereof, to undergo S.I. for
seven days additionally by the Second Assistant Sessions Judge, Sheohar relating to Sessions Trial No.151/2011 vide judgment of conviction and
sentence dated 26.06.2015.
In terms of Section 374(2) of the Cr.P.C., instant appeal would not be maintainable before the High Court as sentence so inflicted by the
learned lower court which happens to be court of Assistant Sessions Judge to be less than seven years.
In the aforesaid background, learned counsel for the appellants seeks withdrawal of instant appeal with a privilege that in case, appeal is filed
before the learned appellate court that is of Sessions Judge within fortnight, then in that circumstance, the aforesaid appeal would not be found
eclipsed by the law of limitation.
5.Allowing such prayer, instant appeal is dismissed as withdrawn. However, it is made clear that in case appeal is not filed within the period of
fortnight, then in that circumstances, question of limitation will come into play which, the appellant will have to explain in accordance with law.