(Per : HONOURABLE MR.JUSTICE R.P.DHOLAKIA) During the course of hearing, learned counsel for the applicant, Mr.K.U. Mishra has drawn our attention that the appeal being Criminal Appeal No.810/1997 has been finally deposed of by the Court (Coram : R.P. Dholakia & M.D. Shah, JJ.) on 13.06.2006. Thereafter, the application sent by the applicant was ordered to be treated as Criminal Revision Application. However, as the office has not placed the said Revision along with the Criminal Appeal No.810/1997, it could not be dealt with by the Court and only appeal has been finally disposed of. Over and above, concerned advocate has also not drawn the attention of the Court.
Learned counsel for the applicant, Ms.Mishra has also informed that the applicant has undergone the sentence because as per the Government Resolution, he got the benefit of relaxation. However, he is still in jail in connection with the sentence awarded in Criminal Case No.224/1998 and, therefore, the learned counsel has requested that this Revision Application may be expedited. We found substance in the arguments of the learned counsel on the ground that the maximum sentence awarded is two years and he has already given pardon in main sentence in view of the Government Resolution and, therefore, if the Criminal Revision Application will not be disposed of within reasonable period, it will become infructuous.
In view of the above, the office to list this matter on 30th June, 2008 along with Criminal Revision Application No.678/2004.
It may be stated that no advocate is representing the applicant in the Criminal Revision Application, but he has engaged Ms.K.U. Mishra in this application on his behalf and, therefore, we have requested learned counsel, Ms.K.U. Mishra, to render her services as an amicus curiae on behalf of the applicant in Criminal Revision Application also. She has conceded to our request. If learned counsel, Ms.Mishra requires any paper then Sheristedar of the Court is directed to give for the purpose of preparation.
(R.P.DHOLAKIA, J.) (K.S.JHAVERI, J.) /patil Top