Krishna @ Kiran vs State Of Himachal Pradesh

Ajay Mohan Goel, J

Heard for some time.

The petitioner primarily is aggrieved by the rejection of the bail application which stood filed by him under Section 439 of the Code of Criminal Procedure, i.e. bail application No. 12-S/22 of 2020, titled as Krishna alias Kiran vs. State of Himachal Pradesh, dated 02.03.2020 by the Court of Special Judge (II), Shimla, HP.

After making his submissions for some time, learned Counsel for the petitioner, on instructions, submit that he may be permitted to withdraw this petition with liberty to file a revision petition against the order of rejection of his bail application by the learned Court below. He further submits that as the petitioner was bonafidely pursuing the present remedy before this Court, this Court may observe that delay, if any, in filing the revision petition should be condoned.

Having heard learned Counsel for the petitioner as well as learned Additional Advocate General, this petition is permitted to be withdrawn, with liberty as prayed for.

As far as the prayer made by learned Counsel for the petitioner for condonation of delay in approaching this Court afresh is concerned, all that this Court can observe at this stage is that petitioner can pray for condonation of delay in case proceedings initiated by him are time barred, and but obvious, this Court will take into consideration the factum of the petitioner approaching this Court by way of this petition while deciding the application for condonation of delay.