Virender Sharma vs. State of H.P. Cr.MP(M) No. 122 of 2025 03.02.2025 Present: Mr. Mukesh Sharma, Advocate, for the petitioner. Mr. Sumit Sharma, Deputy Advocate General, for the respondent/State. Cr.MP(M) No. 122 of 2025 The petitioner has filed the present application for condonation of 36 days’ in filing the criminal appeal. It has been submitted that the petitioner has aged parents and minor children, who are dependent upon him for sustenance, therefore, he could not file the present application earlier. 2. The application is opposed by filing a reply asserting that the applicant has no sufficient cause for condonation of delay, therefore, it was prayed that the present application be dismissed. 3. Heard. 4. Learned Trial Court had convicted the applicant for the commission of offences punishable under Section 21 read with Section 29 of ND&PS Act and sentenced him to undergo rigorous imprisonment for a period of 5 years and also directed him to pay fine of ₹ 25,000/- and in default of payment of fine to undergo simple imprisonment for a period of six months. The first appeal is a valuable right of the convict and should not be denied merely because of the delay. Further the applicant mentioned that he has aged parents and minor children, who could not arrange the counsel to file the appeal. This constitutes a sufficient cause for not filing the appeal. Hence, the present application is allowed and the delay in filing the appeal is condoned. 5. Application stands disposed of. Cr. Appeal No. ____ of 2025 (Cr.AST No. 447 of 2025) 6. Mr. Sumit Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of respondent/State. 7. Record of the learned Trial Court be requisitioned. Cr.MP No. 313 of 2025 8. Notice in the aforesaid terms. 9. Reply has already been filed. It has been stated that the bail petition of the co-accused, Jai Kumar, was decided by Hon’ble Mr. Justice Sushil Kukreja in criminal appeal No. 599 of 2024. The propriety demands that the present bail application be also dealt by Hon’ble Judge, who has decided the earlier bail application, hence the case be listed before the Hon’ble Judge after obtaining necessary orders from Hon’ble the Chief Justice. (Rakesh Kainthla) Vacation Judge 3rd February 2025 (Nikita)