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2026 DAILYLAW 16072 (HP)

GOPAL SINGH v. RAKESH KUMAR (deceased) through LRs AND ANOTHER

CRMPM/1259/2026 · 2026-07-17

Sandeep Sharma

body2026

Judgment text

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Gopal Singh vs. Rakesh (since deceased) through LRs Cr.MP(M)No.1259 of 2026 17.07.2026 Present Mr. Anil Kumar Manget, Advocate for the petitioner. Mr. Aishwarya Chauhan, Advocate, for respondent Nos. 1 to 4. Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the respondent-State. Cr.MP(M)No.1259 of 2026 By way of instant application, prayer has been made on behalf of the applicant/petitioner for condonation of delay in filing the accompanying petition, which is barred by limitation. Pursuant to the notices issued in the instant proceedings, Mr. Aishwarya Chauhan, Advocate has filed memo of appearance on behalf of respondents No.1 to 4. He fairly states that he does not intend to file any reply to the application and shall have no objection in case the prayer made in the application is allowed. Having taken note of afore fair statement made by learned counsel for the non-applicants/ respondents, coupled with the fact that this Court after having perused the averments contained in the application, which is duly supported by an affidavit, is convinced and satisfied that delay in maintaining the accompanying petition is neither intentional nor deliberate, rather same has occurred on the account of the circumstances, which were completely beyond the control of the applicant/petitioner as such, delay of 339 days in filing the petition, which in my considered view has been sufficiently explained, is condoned. The petition be registered. The application stands disposed of. CR. Revision No.___of 2026 & CRMPST No.5819/2026 Learned counsel representing the petitioner states that petitioner is ready and willing to pay the entire amount of compensation awarded by learned trial Court, provided he is given some reasonable time. He states that 50% of the compensation amount shall be deposited within a period of four weeks and the remaining 50% shall be deposited within a further period of two months. Aforesaid proposal is acceptable to learned counsel for the respondent. In view of the above, substantive sentence imposed by learned Court below shall remain suspended, subject to the applicant’s depositing 50% of the compensation amount and furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of learned trial Court, within a period of four weeks, with the condition that the applicant shall appear in the Court as and when directed and shall surrender to serve out the sentence imposed, in case the revision is ultimately dismissed. However, it is made clear that in case needful is not done on or before the next date of hearing, this Court shall have no option, but to vacate the interim protection granted by this Court vide aforesaid order and the respondents would be at liberty to get the judgment of trial Court executed in accordance with law. (Sandeep Sharma) Judge July 17, 2026 (shankar)