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High Court of Himachal Pradesh · body

2026 DAILYLAW 9614 (HP)

KAMLESH KUMAR v. STATE OF HP

CRMPM/774/2026 · 2026-05-07

Sandeep Sharma

body2026

Judgment text

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KAMLESH KUMAR Versus STATE OF HP CRMPM-774 of 2026 07.05.2026 Present: Mr. Surya Chauhan, Advocate, for the petitioner. Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for the State. CRMPM-774 of 2026 By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicant/petitioner for condonation of delay in maintaining the accompanying petition, which is barred by limitation. While putting in appearance on behalf of respondent-State, Mr. Ravi Chauhan, learned Deputy Advocate General, states that he does not intend to file reply to the application and as such, this Court may pass appropriate orders. Having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying petition is neither intentional nor deliberate, rather same has occurred on account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay in filing the petition, which in my considered view has been sufficiently explained, is condoned. The application stands disposed of. Cr. Revision No.______ of 2026 Be registered. Notice. Mr. Ravi Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of respondent/State. Record be called for. Cr.MP No.________ of 2026 (CRMPST/3227/2026) Be registered. Notice in aforesaid terms. Reply, if any, be filed on or before the next date of hearing. In the meantime, substantive sentence imposed by the learned Court below shall remain suspended, subject to applicant/petitioner’s depositing the fine amount and furnishing personal bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety of the like amount to the satisfaction of the trial Court within a period of four weeks. Cr.MP No.________ of 2026 (CRMPST/3226/2026) The application is disposed of with the direction to applicant/petitioner to file certified copy of documents in issue, within a period of four weeks. May 07, 2026 (Sandeep Sharma), (Rajeev Raturi) Judge