State of H.P vs. Mustaq Cr. MP(M) No. 2289 of 2024 19.06.2025 Present: Mr. Jitender Sharma, Additional Advocate General, for the applicant/appellant. M/s. Nitin Rishi and Khem Raj, Advocates, for the non-applicant/respondent. The present application has been filed for condonation of 62 days’ delay in filing the appeal. It has been asserted that the judgment was pronounced on 30.04.2024. The certified copy was applied on 03.05.2024 and the matter was sent to Secretary (Home) to the Government of Himachal Pradesh for taking final decision. The file was received by Home Department on 31.05.2024. The matter was referred to the Law Department and was received with their advice on 12.06.2024. The competent authority decided that the appeal is to be preferred. The file was sent to the office of learned Advocate General on 19.06.2024 with the request to file an appeal in the matter. The learned Deputy Advocate General requested the department to supply one more certified copy. The copy was obtained and the appeal was filed. There is a delay of 62 days, which is not intentional; hence, the application. The application was opposed by filing a reply asserting that the application is not maintainable. The reasons are vague, insufficient and lack material evidence. The applicant failed to establish any sufficient cause, therefore, it was prayed that the application be dismissed. Heard. A perusal of the application shows that the delay occurred due to processing of file at various stages. The State is not like a private citizen who can act unilaterally and has to seek opinion from various agencies, therefore, the delay is bound to occur in seeking the opinion from various departments. These are sufficient causes and the plea that no sufficient cause has been made out is not acceptable. In view of the above, the present application is allowed and the delay in filing the appeal is ordered to be condoned. The present application stands disposed of. Cr. Appeal No.__ of 2025. Appeal be registered. Mr. Nitin Rishi, learned counsel accepts notice on behalf of the respondent. Copy of the appeal has been supplied to the respondent. Record be requisitioned and the matter be listed thereafter. The respondent is directed to furnish personal and surety bonds in the sum of Rs.50,000/- to the satisfaction of learned Trial Court within a period of four weeks with an undertaking to appear before this Court as and when directed to do so and in case the appeal is allowed to surrender before learned Trial Court to serve out the sentence enhanced by the Court. The bail bonds so furnished be transmitted to this Court. (Rakesh Kainthla) Judge 19th June, 2025 (saurav pathania)