Basheer Mohammad Vs. State of H.P. Cr. MP(M) No. 1045 of 2025 7.7.2025 Present: Mr. Aakash Thakur, Advocate, for the petitioner. Mr. Jitender Sharma, Additional Advocate General, for respondent-State. Cr.MP(M) No. 1045 of 2025 Present application has been filed for condonation of delay in filing the appeal. It has been asserted that the applicant requested for providing legal aid counsel to file an appeal. The matter took some time in processing the application and thereafter filing the appeal. The Courts were also closed for winter vacation. There is a delay of 42 days which is beyond the control of the applicant. Hence, it has been prayed that the present application be allowed. 2. The application is opposed by filing a reply making preliminary submissions regarding lack of maintainability. It has been asserted on meris that the applicant was negligent and he has not explained each and every day’s delay. He was rightly convicted. Therefore, it was prayed that the present application be dismissed. 3. Heard. 4. It is apparent from the record that the present appeal has been filed through legal aid counsel, hence the plea of the applicant that he was unable to engage a counsel and had to avail the service of legal aid is corroborated on record. This is a first appeal and right of first appeal cannot be deprived to a person because of the poverty and inability to engage a counsel. The delay in processing the application for providing lfegal aid counsel cannot be held against the applicant, therefore, present application is allowed and the delay in filing the appeal is ordered to be condoned. 5. Present application stands disposed of. Cr. Appeal No. _____ of 2025 (Cr. Appeal-ST No. 3666 of 2025). 6. Notice. Mr. Jitender Sharma, learned Additional Advocate General appears and waives service of notice on behalf of the respondent-State. 7. The delay in filing the revision petition has been condoned vide separate order passed in Cr.MP(M) No. 1045 of 2025. Appeal be registered. 8. Copy of the appeal be supplied to learned Additional Advocate General for respondent-State. 9. Record of the learned Trial Court be requisitioned. (Rakesh Kainthla) Judge 7th July, 2025 (Chander)