Bodh Raj vs . State Of H.P.
2023 Latest Caselaw 17921 HP

Bodh Raj vs. State of H.P.

.

                                           Cr. Revision No.          of 2023





10.11.2023   Present:      Mr. Vivek Chandel,         Advocate         for    the
                         applicant/petitioner.

Mr. Tejasvi Sharma, Addl. A.G with Mr. H.S. Rawat, Addl. A.G., Mr. Mohinder Zharaick, Addl. A.G and Ms. Leena Guleria, Dy. A.G for the respondent.

Cr.M.P(M) No. 2861 of 2023

r The petitioner has filed the present revision

petition against the judgment of conviction dated

15.11.2022 and order of sentence dated 24.11.2022

passed by the learned Judicial Magistrate First Class,

Court No.8, Shimla, District Shimla, H.P. (hereinafter

referred to as 'the 'learned trial Court'), in Criminal

Case No.106-II/2021 in case titled as State of H.P vs.

Bodh Raj, which has been upheld by the learned

Additional Sessions Judge(1), Shimla, District Shimla,

H.P. (hereinafter referred to as 'the 'learned Appellate

Court'), in Criminal Appeal No. 2-S/10 of 2023 titled

as Bodh Raj vs. State of H.P.

Since the revision petition has been filed after

the prescribed period of limitation, as such, present

application has been filed for condonation of delay.

Although, in the application, the delay of 18 has been

mentioned, however, as per report of the Registry is

same is of 21 days. The condonation of delay, in the

present case, has been sought on the ground of

ailment of the mother of the applicant. In addition to

this, he has also put forward his distressed

.

circumstances for not filing the appeal within the

prescribed period of limitation. The application is duly

supported by the affidavit of the applicant.

When put to notice, the respondent-State has

although not filed the reply to the application, but

opposed the prayer made in the same by tooth and

nail.

r Cr. Revision No. of 2023

Certain arguable points are involved in the

present petition, as such, the same is admitted for

hearing.

Call for the records.

Cr.M.PST No. 8443 of 2023

The application is disposed of with a direction

to the applicant/petitioner to file certified copy of learned

trial Court judgment within a period of six weeks from

today.

     November 10, 2023                            ( Virender Singh )
         (naveen)                                       Judge