2025:JHHC:14033 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1094 of 2025 --------- 1. Nowel Kharia, age 48 years 2. Kunwar Kharia @ Kuwer Kharia, age 58 years. Both sons of Late Sahay Kharia and both resident of village-Porhatoli, P.O. & P.S.-Thethaitangar, District-Simdega (Jharkhand) … … Petitioners Versus The State of Jharkhand …. Opp. Party --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioners : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Manoj Kr. Mishra, A.P.P. ----------- 02/Dated: 9th May, 2025 1. Heard learned counsel for the parties. 2. This criminal miscellaneous petition has been filed under Section 528 of B.N.S.S, 2023 by the petitioners with a prayer for modification of the order dated 28.11.2024 passed in Cr. Appeal (SJ) No.1345 of 2006 for extension of time to appear before the trial court. 3. Learned counsel for the petitioners has submitted that the criminal appeal being Cr. Appeal (SJ) No.1345 of 2006 was dismissed on merits dated 28.11.2024 with modification in sentence, directing the appellants therein to appear before the concerned trial court within a period of three months from the date of the judgment for furnishing bond of Rs.5,000/- with one surety of the like amount each with condition to maintain peace and be of good behavior for a period of one years. It is further submitted that the petitioners herein could not furnish their bond of Rs.5,000/- before the court concerned within stipulated period of time due to unaware about the said order as the case is of the year 2006. It is further submitted that there is no 2025:JHHC:14033 2 deliberate inaction or lapse on the part of petitioners herein. Hence, the time period for the petitioners herein to appear before the court concerned in terms of the order dated 28.11.2024 passed in Cr. Appeal (SJ) No.1345 of 2006 may be extended. 4. Considering the aforesaid submission of the learned counsel for the petitioners, the prayer for extension of the time for the petitioners herein to appear in the court below in terms of the order dated 28.11.2024 passed in Cr. Appeal (SJ) No.1345 of 2006 is allowed. Hence, the petitioners herein are directed to appear before the court below within a period of two weeks from the date of receipt of the copy of this order in terms of the order dated 28.11.2024 passed in Cr. Appeal (SJ) No.1345 of 2006, failing which, the appellants therein shall be called upon to receive the sentence already awarded by the trial court. 5. The order dated 28.11.2024 passed in Cr. Appeal (SJ) No.1345 of 2006 is modified to the aforesaid extent. 6. Accordingly, this criminal miscellaneous petition is disposed off. (Pradeep Kumar Srivastava, J.) Pappu/-