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High Court of Himachal Pradesh · body

2025 DAILYLAW 4922 (HP)

State of HP v. Kehar Singh

CRMPM/537/2025 · 2025-07-25

Ranjan Sharma, Sandeep Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

State of H.P Vs Kehar Singh Cr.MP(M) No.537 of 2025 25.7.2025 Present Ms. Sharmila Patial, Addl.A.G., for the applicant/ appellant. Mr. Y.S. Rathore, Advocate, for the respondent/non- applicant. Cr.MP(M) No.537 of 2025 Mr. Y.S. Rathore, Advocate, has put in appearance on behalf of non-applicant. He states that pursuant to bailable warrants issued against the respondent vide order dated 20.6.2025, police called the non-applicant/respondent to the police station, whereby he furnished bail bonds. As per report of the Registry, bailable warrants issued against the respondent has been received back executed. Since Mr. Y.S. Rathore, Advocate has put in appearance on behalf of the respondent, therefore, no further order with regard to securing the presence of the accused is required to be passed. By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of applicant/appellant for condonation of delay in maintaining the accompanying criminal appeal, which is barred by limitation. Mr. Y.S. Rathore, Advocate, fairly states that he does not intend to file reply and shall have no objection, in case prayer made in the aforesaid application is allowed. Having perused averments contained in the application, which is duly supported by affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying criminal appeal is neither intentional nor deliberate, rather same has occurred on account of lengthy administrative process, which was completely beyond the control of the applicant/appellant and as such, delay in filing the criminal appeal, which in my considered view has been sufficiently explained, is condoned. The application stands disposed of. Cr. Appeal No.______of 2025 Be registered. Admit. Notice. Mr. Y.S. Rathore, Advocate, appears and waives post admission notice on behalf of respondent. Record be called for. List on 1.9.2025 before the appropriate Bench. (Sandeep Sharma) Judge (Ranjan Sharma) Judge July 25, 2025 (mamta)