Himachal Pradesh High Court
Ajit Bagga vs . Rajesh Kumar & Another on 22 November, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
Ajit Bagga vs. Rajesh Kumar & another .
Cr. Revision No. _____/2022 22.11.2022 Present: Mr. Ramakant Sharma, Advocate, for the petitioner.
Mr. Mohit Dogra, Advocate, for respondent No.1.
Mr. Desh Raj Thakur, Addl. A.G. with Mr. Manoj Bagga, Advocate General, for respondent No.2.
Cr.MP(M) No. 1361 of 2022 By way of this application, a prayer has been made to condone the delay in filing the revision petition. Despite opportunities, no reply has been filed on behalf of the respondents. As per averments made in the application, there is delay of two years, four months and twenty seven days in filing the revision petition. The reasons as narrated in the application are that initially the petitioner did not come to know about the passing of impugned judgment. Thereafter, due to Covid-19 Pandemic, the counsel could not be contacted. In March, 2021, the petitioner sustained injuries in an accident and remained confined to his house for considerable time. He could not recover completely and in February, 2022, he again remained under treatment.
The averments made in the application are supported by an affidavit. There is no contest to such ::: Downloaded on - 22/11/2022 20:37:57 :::CIS averments from the side of respondents. In this view of .
the matter, there is nothing on record to suggest that averments made in the application are not bona-fide and correct.
Keeping in view the entirety of the facts and circumstances, the application is allowed. The delay in stands disposed of.
r to filing the revision petition is condoned. The application Cr. Revision No. /2022 Be registered.
Admit.
Cr.MP No. of 2022 Since the revision petition is admitted for hearing and its final disposal is likely to take some time, it is expedient in the interest of justice to suspend the substantive sentence imposed upon the petitioner by learned Judicial Magistrate, 1st Class, Court No-II, Hamirpur, H.P. in Private Complaint No. 25-I-09 dated 25.3.2015 and affirmed by learned Sessions Judge, Hamirpur, H.P. in Criminal Appeal No. 34 of 2017, dated 13.12.2019, shall remain suspended till the final disposal of the revision petition, subject to petitioner depositing 50% of the compensation amount before the trial Court within six weeks from today and also within the aforesaid period, furnishing a personal ::: Downloaded on - 22/11/2022 20:37:57 :::CIS bond in the sum of Rs. 25,000/- with one surety in the .
like amount to the satisfaction of learned trial Court undertaking therein that he will appear before this Court as and when required and in case of dismissal of this revision petition, he will immediately surrender before the learned trial Court for receiving the sentence. The application stands disposed of.
(Satyen Vaidya) Judge 22nd November, 2022 (kck) ::: Downloaded on - 22/11/2022 20:37:57 :::CIS