Sada Ram Vs State of Hp

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Sada Ram Vs. State of H.P.

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Cr.MP(M) No. 243 of 2025

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04.03.2025 Present : M/s Tanu Chauhan and Annanya Verma, Advocates, Proxy Counsel, for the petitioner.

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Mr. Lokender Kutlehria, Additional Advocate General, for the respondent-State.

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Reply has not been filed. Even though more

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than three weeks have been granted to do the needful.

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The applicant/petitioner has filed the present application for condonation of 73 days’ delay in filing the criminal petition. It has been asserted the applicant moved an application to the Chairman, Legal Services Committee, H.P. High Court, Shimla. The application was processed and a legal-aid counsel was appointed, who asked the applicant/ petitioner to visit Shimla. The applicant/ petitioner could not visit Shimla due to the fracture of his leg. The applicant/petitioner obtained the copy of the order and thereafter signed the present revision petition. The delay occurred due to these circumstances. Hence the application.

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Heard.

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The application has been filed through legal aid counsel which means that the applicant/petitioner was not in a position to engage a counsel of his own. The person cannot be penalized for his poverty and therefore, the delay

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in approaching the Legal Services Committee and thereafter getting a legal-aid counsel is required to be condoned.

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It was submitted that the applicant/petitioner had sustained a fracture in his leg and therefore, he could not visit Shimla to impart instructions to his counsel. Application is duly supported by an afÏdavit and there is no reason to disbelieve the same.

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Consequently, the present application is allowed and the delay in filing the revision is ordered to be condoned.

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The present application stands disposed of.

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Cr. Revision No. _____ of 2025 (Cr. Revision-ST No. 500 of 2025).

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Mr. Lokender Kutlehria, learned Additional

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Advocate General appears and waives service of notice on behalf of the respondent-State.

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The delay in filing the appeal has been condoned vide separate order passed in Cr.MP(M) No. 243 of 2025. Petition be registered.

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Copy of the petition be supplied to learned Additional Advocate General.

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Record of learned Trial Court has been received. The matter be listed for admission hearing.

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Cr.MP No. _____of 2024 (Cr.MP-ST No.50 of 2025.

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Notice in the aforesaid terms.

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Application be registered.

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The applicant/petitioner was sentenced to

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undergo simple imprisonment for a period of six months and to pay fine of ₹1,000/- for the commission of offence punishable under Section 279 of IPC and in case of default of payment of fine, to further undergo simple imprisonment for 15 days; to undergo simple imprisonment for a period of six months and to pay fine of ₹500/- for the commission of offence punishable under Section 337 of IPC and in case of default of payment of fine, to further undergo simple imprisonment for 15 days; to undergo simple imprisonment for a period of six months and to pay fine of ₹1,000/- for the commission of offence punishable under Section 338 of IPC and in case of default of payment of fine, to further undergo simple imprisonment for 15 days; to undergo simple imprisonment for a period of one year and to pay fine of ₹5,000/- for the commission of offence punishable under Section 304-A of IPC and in case of default of payment of fine, to further undergo simple imprisonment for one month; to undergo simple imprisonment for one month

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and to pay fine of ₹500/- for the commission of offence punishable under Section 184 of M.V. Act and in case of default of payment of fine, to further undergo simple imprisonment for 07 days; to undergo simple imprisonment for a period of 15 days and to pay fine of ₹500/- for the commission of offence punishable under Section 181 of MV Act and in case of default of payment of fine, to further undergo simple imprisonment for 07 days; and to undergo simple imprisonment for a period of 15 days and to pay fine of ₹500/- for the commission of offence punishable under Section 177 of MV Act and in case of default of payment of fine, to further undergo simple imprisonment for 07 days. Since the disposal of the petition is likely to take some time, hence the substantive sentence of imprisonment imposed by the learned Trial Court is ordered to be suspended till further orders, subject to furnishing of the personal and surety bond in the sum of ₹50,000/- each to the satisfaction of learned Trial Court with an undertaking to appear and serve the sentence, in case of dismissal of the present revision and subject to deposit of fine amount, if not deposited earlier, within a period of one month from today.

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The bail bonds, so furnished by the applicant/petitioner be transmitted to this Court for placing the same on record.

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A copy of this order be sent to the learned Trial Court for information. Reply to the application, as prayed, be filed, within four weeks.

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(Rakesh Kainthla) Judge

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4^th March, 2024 (Chander)

Sada Ram v. State of Hp

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Sada Ram v. State of Hp

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