Hem Singh vs State Of Uttarakhand And Another
2021 Latest Caselaw 128 UK

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                    Bail Application No. 4676 of 2020
                                   In
                    Criminal Revision No. 329 of 2020

Hem Singh                                                    ......Applicant
                                         Vs.
State of Uttarakhand and another                        .........Respondents

Present:
Mr. D.C.S. Rawat, Advocate for the applicant.
Mr. V.S. Rathore, A.G.A for the State of Uttarakhand.

Hon'ble Lok Pal Singh, J. (Oral)

This criminal revision is filed against the judgment and order passed by the learned court below, whereby the Appellate Court has directed the criminal appeal against the impugned judgment and order dated 17.03.2020, passed by IInd Additional Sessions Judge Kashipur, District Udham Singh Nagar, in dismissing the Criminal Appeal No. 213 of 2019, Hem Singh Vs. UCO Bank Branch-1 and another. The criminal appeal has been filed with a delay of 81 days.

2. Learned counsel for the applicant would submit that the impugned order has been passed in the wake of COVID-19. Since, due to the lockdown the applicant could not file the revision well within time, thus the delay occurred in filing the criminal revision. Learned counsel for the applicant has placed his reliance on the principle of law "that the court should be cautious to consider the delay condonation application" rendered in the case of M/s. SS Group Pvt Ltd. Vs. Aadititya J. Garg & another, Civil Appeal No. 4085 of 2020.

3. Having considered the judgment of the Hon'ble Apex Court and after perusal of the material brought on record, this Court is of the view that the delay in filing the criminal revision has been explained sufficiently. Consequently, the delay of 181 days in filing the criminal revision is condoned. Delay Condonation Application (No. 4677 of 2021) is allowed. However, it is made clear that, in case, if respondent no.2 is aggrieved by allowing the delay condonation application without afforded an opportunity of hearing to the respondent no.2, the

respondent no.2 would be at liberty to move recall application for the valid reasons.

4. Heard learned counsel for the parties.

5. Admit the revision.

6. Summon the Lower Court Record.

7. Issue notice to respondent no.2 returnable on 23.03.2021.

8. Steps to be taken within a week.

9. As an interim measure, it is directed that bail application of the applicant is allowed. The revisionist shall be released on bail, during the pendency of the criminal revision on furnishing two sureties and personal bonds to the satisfaction of the Court concerned.

(Lok Pal Singh, J.) 12.01.2021 Shubham