Crl. Misc. Delay Condonation Application No. 1 of 2019 As per office report there is a delay of 89 days.
Delay condonation application is allowed and delay is condoned on the ground specified in the affidavit filed in support of the delay condonation application.
Office is directed to allot regular number.
Order Date :- 22.1.2019 Manish Tripathi This revision has been preferred against the order dated 20.7.2018 passed by Additional Session Judge, Court No. 4, Mathura in Session Trial No. 179 of 2016 (State Vs. Babulal and others) whereby revisionist Bhura was summoned for the offence punishable under Sections 307, 504, 506 IPC on application under Section 319 Cr.P.C.
Learned counsel for revisionist contended that although the revisionist was named in the FIR but after investigation the police submitted final report against the revisionist even though the learned Trial Judge has passed the impugned order, which is not sustainable.
From perusal of the impugned order it reveals that the impugned order has been passed on the basis of Statement of P.W.1 Naraya son of Sukha. Accordingly, I find no illegality in the impugned order passed by the trial court.
As Such revision is dismissed summarily.
Learned counsel for the revisionist contended that all other accused, against whom charge sheet has been filed by the police, have been enlarged on bail. All material relevant for disposal of bail application is available with the trial court. Accordingly, it is directed that if the revisionist surrenders and applies for bail, the same shall be decided expeditiously preferably on the same day.
For a period of 30 days from today or till the revisionist surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him.
Order Date :- 22.1.2019 Manish Tripathi