(Criminal Misc. Application No. 53793 of 2014) Heard learned counsel for the revisionist and learned A.G.A. for the State of U.P.
This application has been filed for extension of time to surrender the revisionist before the court concerned in compliance of the order dated 05.05.2014.
Learned counsel for the revisionist submits that the revisionist has filed S.L.P. criminal M.P. No. 11643/2014 before the Supreme Court for exemption from surrendering before the trial court on 2.6.2014 but the same could not be listed before this court even after putting best of the effort of the counsel because of the summer vacation and would be listed only after the summer vacation of the Hon'ble Supreme Court.
At the time of disposing of the Criminal Revision no. 99/2013 on 5.5.2014, the revisionist was directed to surrender before the court concerned to undergo remaining sentence within a month, that time has completed on 5.6.2014, meanwhile, on 4th June, 2014, the revisionist has sought permission to file this application.
Learned A.G.A. has opposed the above prayer on the ground that no matter is pending before this court now. Therefore, this application is not maintainable.
Considering the rival submissions made by the learned counsel for the parties and in the facts and circumstances of the case, I am of the opinion that revisionist may be granted some more time to surrender before the court concerned to undergo remaining sentence, in pursuance of the order dated 05.05.2014 passed in criminal revision no. 99 of 2013.
In view of the above and in the interest of the justice, the application is allowed. Time to surrender of revisionist before the concerned court in pursuance of the order dated 5.5.2014 is extended up to 15th July, 2014.
Order Date :- 13.6.2014/Monika