Hon'Ble Ravindra Maithani vs Unknown
2022 Latest Caselaw 3882 UK

CRLR No.729 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Abhishek Joshi, Advocate for the revisionist.

Mr. Lalit Miglani, A.G.A. for the State.

This revision is preferred against the following:-

(i) Judgment and order dated 24.09.2021, passed in Criminal Case No.2421 of 2016, State vs. Hemraj, by the court of Judicial Magistrate IInd, Haldwani, District Nainital (for short, "the case"). By which, the revisionist has been convicted under Section 279 and 304-A IPC. He has been sentenced to six months' rigorous imprisonment with a fine of `1,000/- under Section 279 IPC with a stipulation that in default of payment of fine, he shall undergo simple imprisonment for a further period of one month.

The revisionist has also been sentenced to one year's rigorous imprisonment with a fine of `2,000/- under Section 304-A IPC with a stipulation that in default of payment of fine, he shall undergo simple imprisonment for a further period of two months.

(ii) The judgment and order dated 27.07.2022, passed in Criminal Appeal No.46 of 2021, Hemraj vs. State, by the court of IInd, Additional Sessions Judge, Haldwani, District Nainital (for short, "the appeal"), which has been rejected.

Heard learned counsel for the parties and perused the record.

The revision is delayed. It is the case of the revisionist that he was unwell, therefore, the revisionist could not file the revision on time. A Delay Condonation Application (IA) No.2 of 2022 has been filed.

Having considered the grounds in the delay condonation application, this Court is of the view that the grounds are sufficient. The delay condonation application is allowed. The delay in filing the revision is condoned.

Learned counsel for the revisionist would submit that the revisionist may be released on probation of his conduct.

The revision is admitted to the limited extent of examining the adequacy of sentence/probation.

Let learned State counsel get instructions with regard to the antecedents of the applicant. The report from the Probation Officer with all details including the report from the Transport Department or Licensing Authority may be called.

List this case on 14.12.2022.

(Ravindra Maithani, J.) 02.12.2022 Sanjay