Vivek Kumar Vs State of Hp

Vivek Kumar versus State of H.P.

Cr. M.P.(M) No. 2294 of 2025

18.09.2025 Present: Mr. Kishore Pundeer, Legal Aid Counsel for the applicant. Ms. Sunaina, Deputy Advocate General, for the respondent.

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The present application has been filed for condonation of 59 days’ delay in filing the appeal. It has been asserted that the applicant was taken in custody after the pronouncement of the order by the learned Trial Court. He applied for legal aid through Superintendent, District and Open Air Jail, Bilaspur to file the appeal. Legal Aid Counsel was appointed on 17.07.2025. The applicant could not impart instructions to the Legal Aid Counsel because of his imprisonment. Relevant documents were got collected and sent through Sh.Rohit and the appeal was filed. The delay occurred due to the circumstances beyond the control of the applicant. Hence, the application.

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Heard.

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Copy of letter written by Secretary, H.P. High Court Legal Services Committee to the learned Legal Aid Counsel has been placed on record, which shows that the applicant was provided Legal Aid Counsel by the H.P. High Court Legal Services Committee. Therefore, the plea taken by the applicant that he was unable to make arrangement for filing the appeal is duly

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supported on record. The poverty of a person to engage the counsel can never be held against him. Further the applicant was inside the jail and was unable to arrange the documents for preferring the appeal. These circumstances show a bonafide reason for not preferring the appeal within limitation. Consequently, the present application is allowed and the delay in filing the appeal is ordered to be condoned.

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The present application stands disposed of.

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Cr. Appeal (C-SB) No. 2025 (Cr.A(C-SB) ST8809/2025)

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Notice. Ms. Sunaina, learned Deputy Advocate General, appears and accepts service of notice on behalf of the respondent-State. The delay in filing the criminal appeal has been condoned vide separate order passed in Cr.MP(M) No. 2294 of 2025.

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Be registered.

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Copy of the appeal be supplied to the learned Deputy Advocate General for respondent -State.

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Record be requisitioned.

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Cr.MP No. ____ of 2025 (Cr.MP-ST No. 8811 of 2025)

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Notice in the aforesaid terms.

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Reply, if any, be filed within a period four weeks. The applicant was convicted and sentenced to undergo simple imprisonment for a period of 1 ½ year and was directed to pay a

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fine of 35,000/-(Rupees thirty five thousand) and in default of₹35,000/-(Rupees thirty five thousand) and in default of payment of fine to further undergo simple imprisonment for a period of six months for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 by learned Special Judge, Bilaspur, District Bilaspur, H.P., in Case Sessions Trial No. 08-3 of 2019, dated 16.05.2025.

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Keeping in view the fact that the appeal is not likely to be heard at the earliest as so many appeals are pending for its disposal, therefore, operation and execution of the substantive sentence of imprisonment imposed by learned Trial Court is ordered to be suspended till further orders. He be released, if not required in any other case, subject to his furnishing personal bond in the sum of 25,000/- with one surety in the like amount to the₹35,000/-(Rupees thirty five thousand) and in default of satisfaction of learned Trial Court and to deposit of the fine amount, if not deposited earlier, with an undertaking to appear and serve sentence, in case of dismissal of the present appeal, within a period of one month from today.

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Learned Trial Court is directed to transmit the bail bonds to this Court, so furnished by the applicant before it, for placing the same on record.

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(Rakesh Kainthla) Judge

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September 18, 2025 (yogesh)

Vivek Kumar v. State of Hp

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Vivek Kumar v. State of Hp

Case brief

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