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 matters.

JUDGMENT :

SANJAY PRASAD, J.

I. A. No. 6753 of 2024

Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the opposite party no. 2.

2. The instant I.A. No. 6753 of 2024 has been filed under Section 5 of the Limitation Act for condoning the delay of 182 days in filing the instant Cr. Revision No. 795 of 2024.

3. It has been submitted by the learned counsel for the petitioner that there is delay of 182 days in filing the Cr. Revision No. 795 of 2024. It is submitted that a cheque of Rs. 50,000/- was dishonored and after dismissal of this Criminal Revision, the petitioner is in custody since 14.06.2024 and the petitioner is ready to compromise the case with the opposite party no. 2 and as such, delay of 182 days in preferring the instant Criminal Revision Application may be condoned.

4. Learned counsel for the State raised no objection.

5. Learned counsel for the opposite party no. 2 also raised no objection.

6. Having gone through the averments made at para- 4 and 5 of the instant Interlocutory Application and also considering the factum of compromise and taking lenient view, the delay of 182 days in preferring the instant Cr. Revision No. 795 of 2024 is, hereby, condoned.

7. I.A. No. 6753 of 2024 stands allowed and disposed of.

I. A. No. 11085 of 2024

8. The instant I.A. No. 11085 of 2024 has been filed by the opposite party no. 2 for substitution of Legal Heirs of opposite party no. 2, Rameshwar Saha, who died on 11.11.2022.

9. Heard learned counsel for the opposite party no. 2 and learned counsel for the State and learned counsel for the petitioner.

10. It has been submitted by the learned counsel for the opposite party no. 2 that the original opposite party no. 2 namely Rameshwar Saha had died on 11.11.2022 leaving behind his widow namely Sushila Devi and two sons namely Dhananjay Saha and Kokil Chandra Saha and three married daughters namely (1) Lakshmi Devi, (2) Jharna Devi and (3) Baby Devi and all the sons and daughters have unanimously resolved that their mother would be substituted in place of their father namely Rameshwar Saha as opposite party no. 2 in this Criminal Revision Application and hence, this Interlocutory Application may be allowed.

11. Learned counsel for the petitioner and learned counsel for the State raised no objection.

12. Heard learned counsel for the parties and perused the records of this Criminal Revision.

13. It appears that the original opposite party no. 2 namely Rameshwar Saha had died on 11.11.2022 leaving behind his widow namely Sushila Devi and two sons namely Dhananjay Saha and Kokil Chandra Saha and three married daughters namely (1) Lakshmi Devi, (2) Jharna Devi and (3) Baby Devi and all the sons and daughters have unanimously resolved that their mother would be substituted in place of their father namely Rameshwar Saha as opposite party no. 2 in this Criminal Revision Application.

14. It also appears that the original opposite party no. 2 namely Rameshwar Saha had died on 11.11.2022 during the pendency of Criminal Appeal before the Appellate Court, however, steps for substitution had not been taken them.

15. Having gone through the averments made at para- 4 5 and 6 of the instant Interlocutory Application and taking lenient view, Let the wife of the opposite party no. 2 namely Sushila Devi be substituted in place of the original opposite party no. 2 Rameshwar Saha.

16. Thus, I.A. No. 11085 of 2024 stands allowed and disposed of.

17. The learned counsel for the opposite party no. 2 is directed to substitute the name of the original opposite party no. 2 namely Rameshwar Saha by red ink and the office is directed to maintain the record properly.

I. A. No. 6754 of 2024

18. The instant I.A. No. 6754 of 2024 has been filed under Sections 438 and 442 of BNSS on behalf of the petitioner for suspension of sentence and for grant of bail during pendency of the present Criminal Revision.

19. The present Criminal Revision has been filed under Sections 438 and 442 of BNSS by th