State of Hp v. Bahadur Singh

Cr. MP(M) No. 255 of 2017

24.07.2017

Present: Mr. Virender K. Verma, Addl. AG with Mr. Pushpinder Jaswal, Dy. AG and Mr. Rajat Chauhan, Law Officer, for the applicantappellant.

Mr. Anupinder Rohal & Mr. Ajay Chauhan, Advocates, for the respondent.

Cr. MP(M) No. 255 of 2017

The present application is maintained by the applicant/appellant, under Section 5 of the Limitation Act, for condoning the delay in filing the appeal. As per the applicant, the delay of 36 days has occurred, as certified copy of the impugned judgment was applied on 22.10.2016, which was attested on 26.10.2016 and delivered on 27.10.2016. On receipt of the certified copy, the case was sent to the District Magistrate, Sirmaur, who sent the matter to the Principal Secretary (Home) to the Government of Himachal Pradesh, which was received by the Home Department on 6.12.2016. Thereafter, on 6.12.2016, the case was referred to the Law Department, for seeking their opinion, wherefrom the file was received back on 20.02.2017 and immediately thereafter the appeal was filed without any further delay. The application is duly supported by an affidavit. Reply to the application has been filed, wherein it has been averred that the delay is intentional and the applicant has failed to explain the delay in the application, thus the same be dismissed.

Heard. Taking into consideration the fact that the delay has sufficiently been explained and it was not within the control of the applicant for the reasons stated in the application. Consequently, the delay in filing the appeal is condoned. The application stands disposed of.