Kush Kumar Tiwary vs State Of Jharkhand through Vigilance

Anil Kumar Choudhary, J

I.A. No.4533 of 2020 Heard the parties through video conferencing. It is submitted by the learned counsel for the appellant that this interlocutory application has been filed with a prayer to condone the delay of 33 days in filing the appeal. It is next submitted that because of the Lockdown, the appellant could not file the appeal in time.

On being satisfied with the grounds mentioned in the petition for condonation of delay, the delay of 33 days in filing this appeal is condoned.

This interlocutory application is disposed of accordingly.

I.A. No.3899 of 2020 Learned counsel for the appellant-petitioner submits that after conviction the appellant-petitioner was released on provisional bail till 04.04.2020 but in the meanwhile, because of Covid-19 Pandemic, lockdown was imposed because of which, the appellant-petitioner could not file the appeal for confirmation of provisional bail.

Mr. Vikas Pandey, learned counsel for the appellant-petitioner relied upon the order dated 23.03.2020 of the Hon'ble Supreme Court of India in the case of Suo Motu Writ Petition (Civil) No(s).3 of 2020 and in a Suo Motu Writ Petition (Civil) No(s).3 of 2020, whereby the Hon'ble Supreme Court has been pleased to order that the period of limitation in all of the proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by the Hon'ble Supreme Court of India and the said order was passed in exercising the power under Article 142 read with Article 141 of the Constitution of India and the Hon'ble Supreme Court of India has declared that the said order is binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.

Mr. Vikas Pandey also relied upon the order dated 07.04.2020 by a Full Bench of this Court in Criminal Appeal (Division Bench) No.117 of 2020 by which the interim orders passed by various courts of the State has been extended. Hence, it is submitted that the provisional bail granted to the appellant-petitioner be confirmed.

Considering the aforesaid facts, the provisional bail granted to the appellant-petitioner vide order dated 06.03.2020 is confirmed till disposal of this appeal with the condition that the appellant-petitioner will cooperate with the hearing of this appeal.

This interlocutory application is disposed of accordingly.

I.A. No.4532 of 2020 Learned counsel for the appellant-petitioner does not press this interlocutory application.

Accordingly, this interlocutory application is rejected as not pressed.

Cr. Appeal (SJ) No. 365 of 2020 This appeal will be heard.

Admit.

Call for the Lower Court Records.

Let this appeal be listed under the heading 'for Hearing' after receipt of Lower Court Records.