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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Gauri Lal Kamar – Appellant
Versus
The State Of Jharkhand – Respondent
ORDER :
1. It appears from the office note dated 12.03.2025 that neither S/R nor A/D or undelievered cover received as yet.
2. It appears vide order dated 21.02.2025 notice was issued upon the O.P No. 2 in the matter of admission as well as limitation. However, the O.P No.2 has not appeared till date.
I.A No. 846 of 2025
1. I.A. No. 846 of 2025 has been filed on behalf of the petitioner under Section 5 of the LIMITATION ACT for condoning the delay of 704 days in filing this Criminal Revision Application.
2. Heard Mr. Sidhartha Roy, learned counsel for the petitioner and Mr. Arup Kr. Dey, learned counsel for the State.
3. Learned counsel for the petitioner has submitted that the petitioner was suffering from financial crises and he is in custody since 24.10.2024 and hence, the delay of 704 days may be condoned.
4. Learned counsel for the State raised objection and submitted that the delay has not been satisfactorily explained
5. Having heard learned counsel for both the sides, it appears that although, the delay has not been properly explained by the learned counsel for the petitioner in the present I.A No. 846 of 2025.However, considering the fact that the petitioner was arrested on 24.1
The court emphasized that delays due to incarceration can justify condoning application timing, especially amid disputes over complaint legitimacy.
The court condoned a 212-day delay in filing a Criminal Revision Application based on the petitioner's financial hardship and ignorance of prior judgments, granting provisional bail during the appeal....
Delay in filing appeals may be excused under the Limitation Act when supported by justifiable reasons, and prolonged custody may warrant bail during pending revisions.
The court condoned a 588-day delay in filing a Criminal Revision under the Limitation Act due to the petitioner's custody and financial constraints, emphasizing leniency in such circumstances.
The court condoned a 182-day delay in filing a Criminal Revision due to compromise and allowed the substitution of legal heirs following the death of a party, emphasizing leniency in procedural matte....
A court may grant bail considering the duration of custody, despite serious charges, when supported by comparable cases.
The court emphasized that matters should not be dismissed on technicalities without hearing on merit and that there was no intentional delay in filing the revision application, thus the delay needed ....
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