Jharkhand High Court
Ashok Pandey vs The State Of Jharkhand on 11 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 517 of 2021
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1.Ashok Pandey
2. Hiramani Pandey ...... Petitioners
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioners : Mr A. K. Kashyap, Senior Advocate
Mr. Anurag Kashyap, Advocate
For the State :Mr. Shailendra Kr. Tiwari, Spl.P.P.
......
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and
submitted that the audio and video qualities are good.
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I.A. No. 6959 of 2021
05/11.05.2022 Heard learned Senior Counsel for the petitioner and
learned counsel for the State.
2. The I.A. No. 6959 of 2021 has been filed by the petitioner
under Section 5 of the Limitation Act for condoning the delay of
4136 days in filing the Criminal Revision No. 517 of 2020.
3. The present Criminal Revision No. 517 of 2021 has been
filed challening the judgment and order of conviction and sentence
dated 19.08.2008 passed by learned Sessions Judge, Palamau at
Daltonganj in Cr. Appeal No. 100 of 2003 whereby the petitioners
have been convicted under Section 27of the Arms Act and
sentenced to undergo S.I. for a period of three years and to pay a
fine of Rs. 500/- each, although the learned Court below had
directed them to furnish probation bonds under Section 4 of the
Probation of Offender Act for the offence under Sections
147/148/149 of the Indian Penal Code by directing them to
execute probation bond for a sum of Rs. 5,000/- with two sureties
of like amount each for a period of two years.
4. It is submitted by the learned Senior Counsel for the
petitioner that the petitioners are aged persons and the petitioner
no. 1, Ashok Pandey is aged about 64 years and the petitioner no.
2, Hiramani Pandey is aged about 71 years and they have
voluntarily surrendered in the learned Court below on 25.11.2021.
It is further submitted that the petitioners are simple agriculturists
and could not arrange the expenses of filing the instant Criminal
Revision Application and fees of the counsel on time due to their
financial crisis. It is submitted that due to ignorance and also due
to not given proper advice and financial crisis, the petitioners
could not surrendered and has not filed the Criminal Revision
Application. It is further submitted that petitioner was not properly
advised by the learned counsel in the learned Court below to
prefer the Criminal Revision Application after dismissal of the
Criminal Appeal by the learned Sessions Judge and as such, they
remained unaware of the filing the Criminal Revision Application
before this Court and could not take steps within time and when
they met their counsel at Ranchi, he advised to file the Criminal
Revision Application and thereafter the petitioners filed the same
on 13.09.2021 and as such, delay of 4136 days in preferring the
Criminal Revision Application No. 517 of 2021 may be condoned.
5. Learned counsel for the State has opposed the prayer for
condoning the delay of 4136 days as day to day explanation has
not given by the petitioners.
6. Perused the averments made in the instant Interlocutory
Application and considered the submission of both the sides.
7. It transpires that the Criminal Appeal No. 100 of 2003
preferred by the petitioners was dismissed on 19.08.2008 by the
learned Sessions Judge, Palamau at Daltonganj and the petitioners
have filed the Criminal Revision Application No. 517 of 2021 on
13.09.2021 before this Court.
Although the delay has not been explained day to day and
averments made in the interlocutory application are not
satisfactory, but the petitioners are provided remedy by the filing
Criminal Revision Application under Sections 397 read with
Section 401 of the Cr. P. C. and as such, the Criminal Revision
Application is maintainable after dismissal of the Criminal Appeal.
8. Considering the fact that the petitioners have remained in
custody for about six months and also considering the fact that the
petitioners were not properly advised and as such, delay of 4136
days in preferring the Criminal Revision Application No. 517 of
2021 is, hereby condoned subject to payment of Rs. 500/- in the
Jharkhand High Court Advocate's Clerk Association.
8. Thus I.A. No. 6959 of 2021 stands allowed and disposed
of.
Criminal Revision No. 517 of 2021
Put up this case on 06.06.2022 under the heading "For
Admission".
In the meantime, learned counsel for the State may file
counter affidavit indicating total actual period of custody of both
these petitioners.
(Sanjay Prasad, J.)
Kamlesh/
