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Judgment
The present appeal has been filed through legal aid by the appellant aggrieved of the judgment dated 22.09.2022 passed by Additional Sessions Judge, Dungarpur.
The appeal is barred by 223 days and an application under Section 5 of the Limitation act has been filed seeking condonation of delay.
The office has reported that another appeal being D.B. Criminal Appeal No. 154/2022 is already pending consideration, wherein, the said appeal has been filed by Shiva, Smt. Kanta and the present appellant Kawalal, Shiva and Smt. Kanta being his parents, and that in the said appeal, application seeking suspension of sentence on behalf of the appellant’s parents Shiva and Smt. Kanta Lal has been allowed on 06.07.2023.
In view of the fact that already D.B. Criminal Appeal No.154/2022 filed on behalf of the appellant is pending consideration, the present appeal, though filed through legal aid, need not be pursued.
Consequently, the present appeal is dismissed as withdrawn with liberty to pursue D.B. Criminal Appeal No.154/2022.
The pending application seeking Suspension of Sentence (758/2023) filed in the present appeal, also stands disposed of.
