Gurwinder Vs State of Hp — Himachal Pradesh HC (2026) — LawSathi Research

Gurwinder Vs State of Hp — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both applications disposed of: (i) exemption from filing translated copy of Annexure A-1 granted; (ii) order dated 06.04.2026 extended for a further fifteen days w.e.f. 22.04.2026 to 06.05.2026, with the applicant to remain under police escort till 06.05.2026 and be returned to Sub-Jail Kishanpura, District Solan, H.P. on 07.05.2026 as per the Jail Manual.

Issue for consideration

Whether the order dated 06.04.2026 passed by this Court should be extended for a further period of fifteen days in view of the death of the applicant's father and the applicant's need to perform the last rites. +1 more

Court's answer

In Cr. MP No. 1469/2025, for the reasons stated in the application, the applicant/petitioner was exempted from filing the translated copy of Annexure A-1.

Ratio / Principle

Taking into consideration the peculiar facts and circumstances, the Court found that the interest of justice would be met by extending the order dated 06.04.2026 for a further period of fifteen days.

Key takeaways

The application was allowed and the order dated 06.04.2026 was extended w.e.f. 22.04.2026 to 06.05.2026.ratio¶16
The applicant shall continue to remain under police escort till 06.05.2026, and on 07.05.2026 the police escort will bring him back to Sub-Jail Kishanpura, District Solan, H.P. as per the Jail Manual.ratio¶17

Detailed headnote1 paragraphs

Criminal Miscellaneous Applications Nos. 1468/2026 and 1469 (captioned as 1469/2026 in the cause title, 1469/2025 in the body heading) in Cr. MP(M) No. 467/2025, decided on 21.04.2026 by Sushil Kukreja, Judge: (i) the petitioner was exempted from filing the translated copy of Annexure A-1; and (ii) an application under Section 528 BNSS seeking extension of the Court's order dated 06.04.2026 was allowed because the petitioner's father, who was under ventilator support, expired on 20.04.2026 at Gurdev Hospital, Nurpur Bedi, District Ropar, Punjab, the petitioner's brother being in Army service and the petitioner being the only family member able to arrange the last rites. The order dated 06.04.2026 was extended by fifteen days w.e.f. 22.04.2026 to 06.05.2026; the petitioner is to remain under police escort till 06.05.2026 and be brought back to Sub-Jail Kishanpura, District Solan, H.P. on 07.05.2026 as per the Jail Manual. The Additional Advocate General raised no objection, the factum of death having been verified.

Gurwinder Singh Vs. State of H.P.

Cr. MPs No. 1468 &1469/2026 in

Cr. MP(M) No. 467/2025

21.04.2026 Present:

Ms. Kanta Thakur, Advocate, for the petitioner.

Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.

Cr. MP No. 1469/2025

For the reasons stated in the application, the

same is allowed and applicant/petitioner is exempted from filing translated copy of Annexure A-1.

The application stands disposed of.

Cr. MP No. 1468/2026

The present application under Section 528 of BNSS has been filed by the applicant for extension of order dated 06.04.2026 passed by this Court on the ground that father of the applicant, who was under ventilator support has expired on 20.04.2026 in Gurdev Hospital, Kangar Road, Nurpur Bedi, District Ropar, Punjab. It has been stated in the application that brother of the applicant is serving in Army and the applicant is the only person in the family, who has to do all the arrangements for the last rites of his father as such, it is prayed that order dated 06.04.2026 be extended for a period of fifteen days.

….2….

Learned Additional Advocate General submits

that he has no objection in case the prayer made in the application is allowed, as factum of death of the father of the applicant has been verified.

Heard. Taking into consideration the peculiar facts and circumstances of the present case, this Court finds that interest of justice would be met in case order dated 06.04.2026 is extended for a further period of fifteen days. Consequently, the application is allowed and order dated 06.04.2026 is extended w.e.f. 22.04.2026 to 06.05.2026.

Needless to state that the applicant shall continue to remain under the police escort till 06.05.2026 and after expiry of the said period, i.e. on 07.05.2026, the police escort will bring him back to Sub-Jail Kishanpura, District Solan, H.P. as per Jail Manual.

The application stands disposed of.

( Sushil Kukreja ) Judge

21^st April, 2026 (raman)