Devi Chand vs. State of H.P. Cr.MP(M) No. 26 of 2026 30.06.2026: Present: Mr. Paras Dhaulta, Advocate, for the petitioner. Mr. Jitender K. Sharma, Additional Advocate General, for the respondent/State. Cr.MP(M) No. 26 of 2026 The present application has been filed for condonation of delay of 42 days in filing the present appeal. It has been asserted that the applicant was unable to engage a counsel on his own and he applied to the Secretary, Himachal Pradesh High Court Legal Aid Service Committee, Shimla, H.P for appointment of a Legal Aid Counsel thereafter a Legal Aid Counsel was appointed to represent the applicant. He advised the applicant to obtain necessary documents for filing the appeal, which led to a delay. The delay in filing the appeal was not intentional nor deliberate but due to the reasons mentioned in the application. Hence, it was was prayed that the present application be allowed and the delay of 42 days in filing the appeal be condoned. The application is opposed by filing a reply making preliminary submissions regarding lack of sufficient cause and the delay having been caused due to the negligence of the applicant. On merits, it has been asserted that the application before the Legal Service Authority for appointment of a Legal Aid Counsel does not automatically constitute sufficient cause for condonation of delay. Certified copy of the order dated 02.05.2025, under challenge, was received by applicant on 07.05.2025. The applicant applied to Legal Aid Committee on 19.06.2025 and there is no plausible explanation for condonation of delay, which occurred due to the negligence and inaction of the applicant in pursuing the matter diligently. Hence, it was prayed that the present application be dismissed. A rejoinder denying the contents of the reply and affirming those of the application was filed. Heard. It is undisputed from the record that applicant is being represented by a Legal Aid Counsel, which means that he was unable to engage a private counsel on his own because of his poverty. Since the applicant cannot be penalized for his poverty, hence, the application is allowed and the delay of 42 days in filing the appeal is condoned. The application stands disposed of. Cr.Appeal (C-SB) No. of 2026 (Filing No. Cr.A.(C-SB)/7589 of 2025. The delay has been condoned as per order passed in Cr.MP(M) No.26 of 2026. It be registered. Notice. Mr. Jitender Sharma, learned Additional Advocate General appears and waives service of notice on behalf of the respondent. Copy of the appeal has been supplied to the learned Additional Advocate General for the respondent Heard. Reserved. (Rakesh Kainthla) Judge 30th June, 2026. (Ravinder)