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2026 DAILYLAW 17171 (HP)

DALIP KUMAR @ KAKU v. STATE OF HP

CRMPM/1246/2026 · 2026-07-23

Rakesh Kainthla

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Dalip Kumar @ Kaku vs State of H.P. Cr.MP(M) No. 1246 of 2026 23.07.2026: Present: M/s Kapil Sharma and Shivanshu Attri, Advocates, for the petitioners. Mr. Jitneder K.Sharma, Additional Advocate General, for respondent/State. Learned counsel for the petitioner conceded that the report made by the Registry of this Court is correct and there is delay of 34 days in filing the present appeal, however, he had mentioned two days delay in the application due to some clerical error. Learned Additional Advocate General, for the respondent/State submits that he does not want to file any reply to the application and he has no objection in case the present application is allowed. The present application has been field for condoning the delay in filing the appeal, it has been asserted that applicant is lodged in jail and he could not prefer the appeal within time. Hence, the present application. The plea taken by the applicant that he is lodged in jail is duly corroborated from the head note of the appeal, in which he is shown to be in judicial custody at Lala Lajpat Rai District & Open Air Correctional Home Dharamshala, District Kangra, H.P. Therefore, the plea of the applicant that he was unable to file the appeal because of his incarceration is accepted as correct. Since the delay in filing the present appeal has occurred because of the incarceration of the applicant, hence the delay of 34 days in filing the appeal is condoned. The application stands disposed of. Cr.appeal (C-SB) No. __ 2026(Cr.appeal (C- SB) S.T.No. 5680 of 2026) As per order passed in Cr.MP(M) No.1246 of 2026, the delay in filing the appeal has been condoned. It be registered. Notice. Mr. Jitender K. Sharma, learned Additional Advocate General, accepts notice on behalf of the State. Copy of the appeal supplied. Let the record of the learned Trial Court be requisitioned. Cr.MP No. of 2026 (Cr.MPST No. 5681 of 2026. It be registered. Notice in the aforesaid terms. Let reply to the application be filed within period of two weeks. (Rakesh Kainthla) Judge 23rd July, 2026 (ravinder)