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High Court of Himachal Pradesh · body

2025 DAILYLAW 16632 (HP)

RAM PAL v. STATE OF HP

CRMPM/1537/2025 · 2025-08-04

Rakesh Kainthla, Vivek Singh Thakur

body2025

Judgment text

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Ram Pal Vs. State of H.P. Cr. MP(M) No. 1537 of 2025 04.08.2025 Present: Ms. Kiran Kanwar, Advocate, for the applicant/petitioner. Mr. Jitender K. Sharma, Additional Advocate General, for the respondent-State. Cr. MP(M) No. 1537 of 2025 The applicant/petitioner has filed the present application for condonation of 276 days’ delay in filing the appeal. It has been asserted by the applicant/petitioner that the applicant/petitioner was unable to engage a counsel, therefore, he had applied for Legal Aid. The Legal Aid Counsel was provided to him but she had to undergo for her surgery on 26th March, 2025. Due to the surgery of the Legal Aid Counsel, she could not file the appeal within stipulated time; hence, the delay of 276 days’ has occurred in filing the present appeal. Hence, the application. The application is opposed by filing a reply taking preliminary objections regarding lack of maintainability. The contents of the application were denied on merits. It was asserted that the Legal Aid Counsel has failed to explain each days delay; hence, it was prayed that the present application be dismissed. Heard. The applicant was convicted and sentenced by the learned Chief Judicial Magistrate, Kangra at Dharamshala and the applicant has filed the first appeal. Since, the first appeal is a valuable right of the person which cannot be denied because of the poverty, therefore, the present application is allowed, and delay of 276 days’ in filing the appeal is ordered to be condoned. The present application stands disposed of. CR.A No. 4964 of 2024 Appeal be registered. Notice. Mr. Jitender K. Sharma, learned Additional Advocate General, appears and waives service of notice of behalf of respondent-State. List this matter for consideration after one week. (Rakesh Kainthla) Judge 04th August, 2025 (Shamsh Tabrez)