Krityanand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.642 of 2022 Arising Out of PS. Case No.-173 Year-2009 Thana- RANIGANJ District- Araria ====================================================== Krityanand Mandal, Son of Late Mirchal Madal @ Mirchai Mandal, R/VParmanandpur P.S- Raniganj, Dist- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Respondent/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-11-2022 I.A. No.1 of 2022 This application has been filed for condonation of delay of 1760 days in filing of the present revision application. Learned counsel for the petitioner submits that the revision application has been filed for setting aside of the judgment and order dated 22.09.2017 passed in Cr. Appeal No.109/2013 (Trial No.20/2015) by Sri Rakesh Kumar Mishra, 2nd A.D.J., Araria whereby and whereunder the learned A.D.J.-II affirmed the judgment dated 19.11.2013 passed by the learned J.M.-1st Class, Araria in G.R.No., 1442/2009, Tr.No.4435/2013 arising out of Raniganj P.S. Case No.173/2009. The petitioner has been held guilty for the offences punishable under Section 25(1-b)a, 26 of the Arms Act and accordingly sentenced to undergo simple imprisonment for a period of two years and for

Patna High Court CR. REV. No.642 of 2022(2) dt.09-11-2022 2/2 the offences punishable under Section 26 of the Arms Act he has been sentenced for a period of six months and was further imposed a fine of Rs.2,000/- and Rs.500/-.

For purpose of condonation of delay, learned counsel for the petitioner submits that the petitioner could not surrender due to his illness. He has surrendered recently on 29.08.2022. This Court finds that with the application seeking condonation of delay of 1760 days no document showing that the petitioner was suffering from illness and was under treatment has been enclosed. Save and except one line that the petitioner did not surrender because of the illness, nothing in form of any cogent material has been produced before this Court to support the statement.

In the circumstances, this Court is not satisfied with the reasons shown for purpose of condonation of huge delay of 1760 days. As a result thereof, the interlocutory application is dismissed. Consequently, the revision application also fails. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.