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High Court of Himachal Pradesh · body

2025 DAILYLAW 24704 (HP)

STATE OF HP v. RAKESH KUMAR

CRMPM/2439/2024 · 2025-03-07

Virender Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

State of H.P. Vs. Rakesh Kumar Cr. Appeal No. of 2025 07.03.2025 Present: Mr. Rohit Sharma, Deputy Advocate General, for the appellant/applicant. Cr. MP(M) No.2439 of 2024 Applicant-State has filed the accompanying appeal against the judgment of conviction and order of sentence dated 17.02.2024, passed by the Court of learned Special Judge-II, Chamba, District Chamba, H.P. (hereinafter referred to as ‘the trial Court’), in Sessions Trial No.05 of 2018, titled as State of Himachal Pradesh versus Rakesh Kumar, qua inadequacy of the sentence. 2. Since, the accompanying appeal has been filed, by the applicant, after the prescribed period of limitation, as such, the present application, under Section 5 of the Limitation Act, has been filed for condonation of 195 days delay, as occurred, in filing the same. 3. Notices of this application have been issued to the respondent. Despite service of notice, the respondent had not bothered to put appearance or to contest the contents of the application. 4. Since, the contents of the application, which are duly supported by the affidavit of Additional Chief Secretary (Home), to the Government of Himachal Pradesh, remained uncontroverted, as such, the application under consideration is allowed and the delay in filing the accompanying appeal is condoned. The application stands disposed of. Cr. Appeal No. of 2025. 5. Vide order of the even date, passed in Cr.MP(M) No. 2439 of 2024, the delay in filing the appeal has been ordered to be condoned, as such, the appeal be registered. 6. Let bailable warrants, in the sum of Rs.30,000/-, with one surety in the like amount, to the satisfaction of serving constable, be issued to the respondent for 2nd May, 2025. (Virender Singh) Judge March 07, 2025 (ps)