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2009 DIGILAW 2462 (RAJ)

Sher Singh @ Sheriya @ Shekhar v. State

2009-11-27

DALIP SINGH

body2009
JUDGMENT 1. - Heard learned counsel for the petitioner as well as the learned Public Prosecutor for the State on the application under Section 5 of the Limitation Act. 2. The petitioner is at present lodged in the District Jail, Bhilwara and serving the sentence, as awarded by the learned Court below. 3. The petitioner has submitted an application under Section 5 of the Limitation Act for condonation of delay in preferring the revision petition on the ground that he is a poor person and could not contact his family members being in custody and nor could he arrange the money for filing the present revision petition and engaging a counsel. 4. Taking a lenient view in the matter, in the facts and circumstances of the present case. I am inclined to allow this application under Section 5 of the Limitation Act. The delay is condoned. 5. Office is directed to register the revision petition and list the same for admission. 6. The Superintendent of Jail should always at the time of the admission of the prisoner, convicted and sentenced by the Court, inform the prisoner of his rights with regard to filing of appeal/revision and find out from the prisoner whether he or she wants to file the appeal/revision through a counsel to be engaged by the prisoner or for sending the same by post to the Court. 7. The Superintendent of jail must also inform the prisoners that they are entitled to legal-aid and necessary information in this behalf should also be conveyed to each of the prisoners at the time of his/her admission to the jail for serving the sentence awarded after conviction. 8. Let a copy of this be sent to the Director General of Prisons for compliance and information to all the Jail Superintendents.Application Allowed. *******