State of Hp Vs Rohit Kumar — Himachal Pradesh HC (2025) — LawSathi Research

State of Hp Vs Rohit Kumar — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Five days' delay in filing the appeal condoned and the application allowed; appeal registered; respondent directed to furnish personal and surety bonds of ₹50,000/- with one surety in the like amount, with undertakings to appear before this Court as and when called and before the learned Trial Court to serve out the sentence in case of acceptance of appeal; learned Trial Court directed to transmit the bail bonds to this Court; matter listed for hearing in due course.

Issue for consideration

Whether the delay of five days in filing the appeal by the State should be condoned.

Court's answer

The application is duly supported by an affidavit and there is no reason to disbelieve the averments made in it.

Ratio / Principle

Since the State has to consult various organs before taking a decision, the delay of five days in filing the appeal cannot be said to be excessive; the application is allowed and the delay of five days is condoned.

Detailed headnote1 paragraphs

Order dated 18.11.2025 by Rakesh Kainthla, Judge (single bench): The State of H.P.'s application in Cr. MP(M) No. 533 of 2025 seeking condonation of a five-day delay in filing Cr. Appeal (ST) No. 12980 of 2025 against respondent Rohit Kumar was allowed. The delay, stated to be unintentional and caused by procedural compliance and the official process at various stages, was held not excessive because the State has to consult various organs before taking a decision; the affidavit-supported application was believed and allowed, and the delay was condoned. The appeal was registered; notice was waived by counsel for the respondent. Pending hearing, the respondent was directed to furnish personal and surety bonds of ₹50,000/- with one surety in the like amount to the satisfaction of the learned Trial Court, with undertakings to appear before this Court as and when called and before the learned Trial Court to serve out the sentence in case of acceptance of appeal; the learned Trial Court was directed to transmit the bail bonds to this Court, and the matter was listed for hearing in due course. No statutory provision or precedent is discussed in the order.

State of H.P. vs. Rohit Kumar

Cr. MP(M) No. 533 of 2025

18.11.2025 Present: Mr. Prashant Sen, Deputy Advocate General, for the petitioner-State.

M/s Sidhardh and Shwetima Dogra, Advocate, vice Mr. V.K. Gupta, Advocate, for the respondent.

Reply has not been filed despite having been granted many opportunities since 11.8.2025.

The present application has been filed for condonation of delay in filing the present appeal on the ground that the appeal could not be filed well within the time due to the procedural compliance. There is a delay of five days, which is not intentional, and was caused due to the official process at various stages. Hence the application.

Heard.

The application is duly supported by an affidavit and there is no reason to disbelieve the averments made in the application.

The appeal has been filed by the State which has to consult various organs before taking the decision. Hence the delay of five days cannot be said to be excessive. Consequently, the present application is allowed and the delay of five days in filing the appeal is ordered to be condoned.

Application stands disposed of.

Cr. Appeal (ST) No. 12980 of 2025

The delay in filing the appeal has been ordered to be condoned vide separate order passed in Cr.MP(M) No. 533 of 2025.

Appeal be registered.

Notice. Mr. Sidharth, learned counsel appears and waives service of notice on behalf of the respondent. Copy of the appeal be supplied to the learned counsel for the respondent.

Record has been received.

List the matter for hearing in due course.

In the meantime, respondent is directed to furnish personal and surety bonds in the sum of ₹50,000/with one surety in the like amount to the satisfaction of learned Trial Court with an undertaking to appear before this Court as and when called and to appear before the learned Trial Court to serve out the sentence in case of acceptance of appeal.

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.

18^th November, 2025 (Nikita)

(Rakesh Kainthla) Judge