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High Court of Himachal Pradesh · body

2025 DAILYLAW 37237 (HP)

STATE OF HP v. Rajesh Kumar AND ANOTHER

CRMPM/497/2025 · 2025-11-12

Romesh Verma, Vivek Singh Thakur

body2025

Judgment text

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State of H.P. vs. Rajesh Kumar Cr.MP (M) No. 497/2025 12.11.2025 Present: Ms. Sharmila Patial, Addl. Advocate General, for the appellant/applicant. Mr. Jyotirmay Bhatt, Advocate, for respondent No.1. Ms. Heena Chauhan, Advocate, for respondent No.2. Cr.MP (M) No. 497/2025 This application has been filed for condonation of delay of 40 days in filing the appeal on behalf of the appellant against acquittal of the respondent. Learned counsel for the respondents though have opposed the prayer for condonation of delay on the ground that day to day delay, as required to be explained under law, has not been explained and a vested right has been accrued in favour of the respondent for not filing the appeal within limitation period, but learned Additional Advocate General has reiterated the prayer for condonation of delay on the basis of the averments made in the application. Considering rival contentions of the parties and the material before us, delay of 40 days is condoned. The application stands disposed of. Cr. MP (M) No. 2025 (Cr.MPST No. 1129/2025) Be registered. Leave to appeal is granted. Application stands disposed of. Cr. A. No. /2025 (Cr.AST No. 925/2025 Notice. Mr. Jyotirmay Bhatt and Ms. Heena Chauhan, Advocates, appear and waive service of notice on behalf of the respective respondents. Admit. Records be requisitioned. The respondents are directed to furnish personal bonds in the sum of Rs.50,000/- each with one surety each in the like amount to the satisfaction of the Trial Court within four weeks, undertaking therein to appear in this Court as and when directed and to receive any sentence, which may be imposed on conclusion of the appeal. Bail bonds so furnished shall be transmitted by the Trial Court to this Court for placing the same on record. For the purpose of completion, matter be listed before the Additional Registrar (Judicial) during the week commencing from 22 December 2025. List for hearing, after completion, in due course. (Vivek Singh Thakur) Judge (Romesh Verma) Judge 12.11.2025 (pankaj)