Rajat Sharma vs. State of HP Cr. MP(M) No. 3059 of 2025 23.02.2026 Present: Mr. Vijay Panchta, Advocate for the petitioner. Mr. Jitender Sharma, Additional Advocate General, for the respondent/State. Cr.MP(M) No. 3059 of 2025 The present application has been filed for condonation of 79 days’ delay in filing the appeal. It has been asserted that the applicant was unable to engage a counsel and he approached the Legal Services Authority for legal assistance. The case file was received by the learned counsel after a considerable delay and the appeal could not be preferred within time. Hence, the application. The application is opposed by filing a reply taking preliminary objections regarding lack of maintainability and the absence of a sufficient cause. It has been asserted that the delay occurred at the instance of the applicant or his counsel, the delay of each day has not been explained, hence, it has been prayed that the present application be dismissed. Heard. The record shows that the present appeal has been filed through Legal Aid Counsel. This supports the plea taken by the applicant that he was unable to engage a counsel and had to approach the Legal Services Authority for legal assistance. Poverty can not be a cause of condemning a person unheard and the person cannot be penalized simply because he was unable to engage a counsel. The application also mentions that the case file was received by the Legal Aid Counsel after a considerable delay. There is no reason to doubt this averment at this stage. In view of the above, the present application is allowed and the delay of 79 days’ in filing the appeal is ordered to be condoned. The present application stands disposed of. Cr. Appeal (C-SB)ST No. 12209 of 2025 The delay in filing the appeal has been ordered to be condoned vide separate order passed in Cr.MP(M) No. 3059 of 2025. Appeal be registered. Notice. Mr. Jitender Sharma, learned Additional Advocate General appears and waives service of notice on behalf of the respondent. Copy of the appeal be supplied to the learned Additional Advocate General for the respondent. The record of learned Trial Court be requisitioned. CRMPST No. 12210 of 2025 Notice in the aforesaid terms. Application be registered. Reply, as prayed, be filed within three weeks. (Rakesh Kainthla) Judge 23rd February, 2026 (Nikita)