TMI Blog2021 (9) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... thereafter, this revision was filed. It is claimed that firstly the revision could not be filed because the revisionist was in custody. Secondly, when he was released on interim bail, there was spread of Covid virus. Perusal of trial court record reveals that the petitioner and his counsel were actively participating in the proceedings before learned trial court. So the delay in filing the revision appears to be deliberate and intentional. When the impugned order was passed, at that time there was spread of Covid Virus. So the petitioner cannot take any advantage of spread of Covid Virus subsequently. Even when the limitation expired, at that time also there was no spread of Covid Virus - No sufficient ground is made out to condone suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P.C. moved by applicant/accused through his counsel. Report of Ahlmad perused. Same stands infructuous as challan has already been received. Paper be tagged with main case file. 3. Now, the petitioner is aggrieved by the above-said order and the same has been challenged in this revision. It is the stand of the petitioner that only complaint was filed in the abovesaid case and no final report/challan under Section 173 (2) Cr.P.C. was filed. So on account of this reason the petitioner is entitled to default bail under Section 167 (2) Cr.P.C.. 4. Alongwith this revision an application for condonation of delay has also been filed. It is stated in the application that the petitioner was arrested on 26.06.2019. He was custody since then. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of prescribed period in certain cases.- Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period if the appellant or the applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.- The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section. 8. The impugned order was passed on 26.08.2019. This revision was filed on 03.02.2021. There is delay of 433 days in filing of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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