KRISHNAPAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Revision has been preferred under Section 397/401 of the Code of Criminal Procedure being aggrieved by the order dated 12.07.2007 passed by the Special Judge [Dacoity], Gwalior (M.P.) in M.J.C. No.192/2004 (Criminal) whereby the application filed by the petitioner under Section 85 of Cr.P.C. was dismissed.

(2.) The brief facts, giving rise to the present revision, are that in Sessions Trial No.145/85 on 31.07.2004, application filed by the prosecution under Section 82 of Cr.P.C. was allowed and the proclamation was published against the petitioner. The date for appearance was fixed as 31.08.2004. On that day, there was a public holiday, therefore, the case was taken up for hearing on 01.09.2004 but on that day petitioner had not appeared before the court. One application was filed on behalf of the petitioner before the court that he was hospitalized in Teerathram Hospital, Delhi since he was suffering from cardiac pain, so he may be arrested formally. Said application was dismissed and the proceedings under Section 83 of Cr.P.C. for attachment of the property of the petitioner were initiated and the property was attached. For releasing the property, application under Section 85 of Cr.P.C. was filed on 02.09.2004 personally by petitioner Krishnapal Singh after appearing before the trial court. That application was registered as MJC (Criminal) No.192/2004 in view of the order dated 29.11.2004 passed in Session Trial No.145/85. Thereafter, enquiry was made and the case was fixed for evidence and after recording the evidence and affording opportunity to both the parties, application was finally decided on 12.07.2007 and the application was dismissed. Being aggrieved by the same, present revision has been preferred by the petitioner.

(3.) It is submitted by the learned counsel for the petitioner that for appearance date was fixed as 31.08.2004. On that day, there was a public holiday. The case was fixed for the next day i.e. on 01.09.2004. On that day, petitioner was hospitalized. He was discharged on 01.09.2004 at about 8 pm. Thereafter, he came to the Court on the next day and surrendered himself before the trial court and also filed an application under Section 85 of Cr.P.C. The delay of one day was explained by the petitioner that he was hospitalized and the same was considered in the impugned order by the court below.