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Patna High Court

Babulal Mahto @ Babulal SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Delay in filing the appeal cannot be condoned merely because the appellant was unaware of the relevant provision of law.

Summary

The appellant, Babulal Mahto, filed an appeal against his conviction but failed to file it within the statutory 90‑day period. He sought condonation of the delay, pleading that he was unaware of the specific legal provision governing the limitation. The Special Public Prosecutor argued that ignorance of law is not a permissible ground for condoning delay. The court examined the submissions and found the appellant’s ground untenable. Consequently, the application for condonation was rejected and the appeal was dismissed. Any pending applications were also ordered to stand disposed.

Issues considered

  • Whether delay in filing a criminal appeal can be condoned on the ground of the appellant's ignorance of the applicable legal provision
  • Whether the statutory limitation period of 90 days for filing an appeal is mandatory and cannot be relaxed on the basis of lack of legal knowledge

Subjects

  • criminal appeal
  • limitation period
  • condonation of delay
  • ignorance of law
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5126 of 2025
                  Arising Out of PS. Case No.-270 Year-2023 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Babulal Mahto @ Babulal Sah Son of Late Chijha Mahto Resident of Village-
                 Kauria Tola, Raman Ray, P.S.- Bhagwanpur Hat, District- Siwan

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Krishna Ram, A.S.I. Bhagwanpur Hat, P.S.- Bhagwanpur Hat, District-
                 Siwan Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Ramchandra Sahni, Advocate
                 For the Respondent/s   :        Ms. Usha Kumari 1, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-02-2026                 1. Heard learned counsel for the appellant and the

                   learned Special PP for the State, Ms. Usha Kumari 1.

                               2. The learned Special PP, at the outset, submits that

                   from perusal of Para-4 of the limitation application, it would

                   manifest that the ground on which delay in filing appeal is being

                   sought to be condoned is untenable, as it is pleaded that

                   appellant/petitioner being unaware about the specific provision

                   of law, the present appeal was not filed within a stipulated

                   period of 90 days.

                               3. The learned Special PP submits that the ground

                   seeking condonation in filing appeal is completely untenable, as

                   not knowing a provision of law cannot be a ground for
            Patna High Court CR. APP (SJ) No.5126 of 2025(3) dt.05-02-2026
                                                         2/2




                      approaching the Court at a belated stage.

                                   4. The learned counsel appearing on behalf of the

                      appellant is not in a position to rebut the submission of the

                      learned Special PP for the State.

                                   5. Considering the submissions made by the learned

                      Special PP for the State, the Court is not inclined to condone the

                      delay in filing the appeal, I.A. No. 01 of 2026 is rejected and

                      accordingly, the appeal is dismissed.

                                   6. Pending application(s), if any, shall also stand

                      disposed of.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T


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