Himachal Pradesh High Court
Malkiat Singh vs . State Of H.P. on 1 March, 2024
Author: Virender Singh
Bench: Virender Singh
Malkiat Singh Vs. State of H.P. .
Cr. Revision No. of 2024
01.03.2024 Present: Mr. Sanjeev K. Suri, Advocate for the
petitioner.
Mr. Mohinder Zharaick, Additional Advocate General, for the respondent.
Cr.MP(M) No.305 of 2024 By way of the present application, indulgence of this Court has been sought to condone the delay, as occurred in filing the accompanying revision petition, which as per the application is 52 days.
2. The delay has been sought to be condoned on the ground that on 17.11.2023, mother of the petitioner unfortunately died and due to this, the accompanying petition could not be filed within the prescribed period of limitation. The application is duly supported by the affidavit of the applicant.
3. Although, the reply to the application has not been filed, but, the prayer, so made, in the application, has been opposed by tooth and nail, by arguing that there is no sufficient cause to condone the delay in not filing the accompanying petition within the prescribed period of limitation.
4. The applicant is going to achieve nothing, in not preferring the revision petition within time, had the applicant not been prevented to do so, by the ::: Downloaded on - 01/03/2024 20:35:59 :::CIS circumstances mentioned in para 3 of the application.
.
Moreover, the matter should be decided on merits and not on the ground of technicalities.
5. Considering all these facts, the application is allowed and the delay in filing the revision petition is condoned.
6. The application stands disposed of.
Cr. Revision No. of 2024.
7. Vide order of the even date, passed in Cr.MP(M) No. 305 of 2024, the delay in filing the revision petition has been ordered to be condoned, as such, the revision petition be registered.
8. Petitioner-Malkiat Singh has filed the present revision petition against the judgment dated 31.8.2023, passed by the Court of learned Additional Sessions Judge, Dehra, District Kangra, H.P. (hereinafter referred to as 'the First Appellate Court'), in Criminal RBT Appeal No.14- G/X/2023/2015, titled as Malkiat Singh Vs. State of H.P.
9. Vide judgment dated 31.8.2023, the learned First Appellate Court has dismissed the appeal filed by the petitioner Malkiat Singh, against the judgment of conviction dated 30.4.2015 and order of sentence, dated 6.5.2015, passed by the Court of learned Additional Chief Judicial ::: Downloaded on - 01/03/2024 20:35:59 :::CIS Magistrate, Dehra, District Kangra (hereinafter referred to .
as 'the trial Court'), in Criminal Case No.84-II/2010, titled as State of H.P. versus Malkiat Singh.
10. Vide judgment of conviction dated 30.4.2015 and order of sentence, dated 6.5.2015, the learned trial Court, has convicted the petitioner for the offence punishable under Sections 279, 337, 338 and 304-A IPC and Section 184 of the Motor Vehicles Act and sentenced him as under:-
Sr. Sections Imprisonment Fine In default of No. payment of fine, convict shall further undergo
1. 279 IPC Rigorous imprisonment `1000/- Simple for six months imprisonment for one month.
2. 337 IPC Rigorous imprisonment `500/- Simple for six months imprisonment for fifteen days.
3. 338 IPC Rigorous imprisonment `1,000/- Simple for two years imprisonment for two months.
4. 304-A Rigorous imprisonment `2,000/- Simple IPC for two years imprisonment for three months.
5. 184 Rigorous imprisonment `500/- Simple M.V. Act for six months imprisonment for ten days.
11. Learned trial Court has also directed that all the sentences of imprisonment shall run concurrently.
::: Downloaded on - 01/03/2024 20:35:59 :::CIS12. There are certain arguable points involved in .
the present petition, as such, the same is admitted for hearing. Call for the record.
Cr.MPST No.749/2413. Since the disposal of the revision, filed by the petitioner, against the judgment of conviction and order of sentence, as referred to herein-above, will take sufficient long time, as such, the order of sentence dated 6.5.2015, is suspended during the pendency of the revision, subject to the following conditions:
(i) That the applicant shall furnish personal bond in the sum of Rs.30,000/-, along with one surety of the like amount, to the satisfaction of the learned trial Court, within a period of four weeks from today, with an undertaking that in the event of final dismissal of the revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence;
ii) That the applicant shall deposit the amount of fine, with the learned trial Court, within a period of four weeks from today, if not already deposited by the applicant.
The application is, thus, disposed of.
14. A copy of this order be sent to the learned trial Court, with the direction that the report of compliance of this order be submitted to this Court within a period of eight weeks.
::: Downloaded on - 01/03/2024 20:35:59 :::CISCr.MP No. of 2023(CRMPST-750/24) .
15. The application is disposed of with a direction to the applicant-petitioner to file the certified copy of Annexure P-2 within four weeks from today.
(Virender Singh) Judge March 01, 2024(ps) ::: Downloaded on - 01/03/2024 20:35:59 :::CIS