Ajay Kumar Vs Narender Singh and Another — Himachal Pradesh HC (2024) — LawSathi Research

Ajay Kumar Vs Narender Singh and Another — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the criminal revision condoned and the condonation application disposed of; criminal revision admitted; Additional Advocate General waived post-admission notice for respondent No.2; separate post-admission notice to respondent No.1 ordered, returnable within four weeks on taking steps within one week; record of the Court below called for; substantive sentence suspended subject to depositing the entire compensation amount (if not already deposited) within six weeks, furnishing personal bond of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court within the same period, appearance as and when directed, and surrender to serve the sentence if the revision is dismissed; suspension application disposed of.

Issue for consideration

Whether the delay in maintaining the accompanying criminal revision, which is barred by limitation, should be condoned under Section 5 of the Limitation Act. +1 more

Court's answer

Delay in filing the criminal revision was neither intentional nor deliberate but occurred due to circumstances entirely beyond the applicant's control and was sufficiently explained; accordingly the delay is condoned and the condonation application stands disposed of.

Ratio / Principle

Substantive sentence of the applicant is suspended, subject to depositing the entire compensation amount (if not already deposited) within six weeks and furnishing a personal bond of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court within the same period, with the condition that the applicant shall appear in Court as and when directed and shall surrender to serve out the sentence imposed if the criminal revision is ultimately dismissed; the suspension application stands disposed of.

Key takeaways

The accompanying criminal revision was admitted by the Court.ratio¶¶9

Detailed headnote1 paragraphs

Ajay Kumar v. Narender Singh & Anr., Cr.MP(M) No.408 of 2024, decided 10.07.2024 (order signed by Sandeep Sharma, Judge). Two interlocutory applications disposed of: (i) an application under Section 5 of the Limitation Act for condonation of delay in maintaining a criminal revision barred by limitation - the Court, perusing the affidavit-supported averments, found the delay neither intentional nor deliberate, attributable wholly to circumstances beyond the applicant's control, and 'sufficiently explained', and condoned it; (ii) an application (Cr.MP No._____/2024 [CRMPST/10608/2024]) for suspension of sentence - the criminal revision having been admitted and arguable points existing, the substantive sentence of the applicant (who was on bail during trial) was suspended subject to depositing the entire compensation amount, if not already deposited, within six weeks and furnishing a personal bond of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court, with an undertaking to appear as directed and to surrender to serve the sentence if the revision is ultimately dismissed. Post-admission notice was waived for respondent No.2/State (represented by the Additional Advocates General); separate post-admission notice to respondent No.1 was ordered returnable within four weeks; and the record of the Court below was summoned.

Ajay Kumar Vs. Narender Singh & Anr.

Cr.MP(M) No.408 of 2024

10.07.2024 Present: Mr. Goldy Kumar, Advocate, for the petitioner.

Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, for the respondent No.2/State.

Cr.MP(M) No.408 of 2024

By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of applicant/petitioner for condonation of delay in maintaining the accompanying criminal revision, which is barred by limitation.

Having perused averments contained in the application, which is duly supported by affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying criminal revision is neither intentional nor deliberate, rather same has occurred on account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay in filing the criminal revision, which in my considered view has been sufficiently explained, is condoned. The application stands disposed of.

Cr. Revision No.________ of 2024

Admit.

Mr. Rajan Kahol, learned Additional Advocate General appears and waives post admission notice on behalf of respondent No.2.

Separate post admission notice to respondent No.1 be issued, returnable within four weeks, on taking steps within one week.

Record of Court below be called for.

Cr.MP No._________/2024 [CRMPST/10608/2024]

This is an application for suspension of sentence. It has been submitted by the learned counsel appearing on behalf of the applicant that the applicant was on bail during trial. The criminal revision has been admitted. There are arguable points in the criminal revision. The hearing of the criminal revision will take some time. In these circumstances, the substantive sentence of the applicant is suspended, subject to depositing the entire compensation amount, if not already deposited, within a period of six weeks and furnishing personal bonds in the sum of Rs.25,000/- with one surety in the like amount, to the satisfaction of the trial Court, within the same period with the condition that the applicant shall appear in Court, as and when directed and shall surrender to serve out the sentence imposed, in case the criminal revision is ultimately dismissed. The application stands disposed of.

July 10, 2024 ( Rajeev Raturi)

(Sandeep Sharma), Judge