Narendra Kumar Jain, J. - (1.) HEARD Learned Counsel for the parties.
(2.) THE accused -petitioner has preferred this criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure against the order dated 22.10.2007, whereby the trial court closed the cross -examination of PW -10 Awaiz Hussain. The revision petition was filed with a delay of 30 days, therefore, an application under Section 5 of the Limitation Act has been preferred for condonation of delay contending therein that the petitioner is in jail during the course of trial of the case, therefore, he could not prefer the revision petition under the prescribed period of limitation, hence he prayed that in the interest of justice the delay in filing the revision petition be condoned.
(3.) I have heard the Learned Counsel for both the parties and, after considering their submissions as well as the reasons assigned in the application, I am satisfied that there is sufficient cause for condonation of delay and consequently the delay of 30 days in filing the revision petition is condoned. The application under Section 5 of the Limitation Act stands allowed.;