Deep alias Bittu Vs State of Hp

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Deep alias Bittu vs State of H.P. Cr.MP(M) No. 1178 of 2026

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03.07.2026: Present:

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Ms. Tamanna Rana, Advocate, Legal Aid Counsel for the applicant/appellant.

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

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Cr.MP(M) No.1178 of 2026

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The present application has been filed for seeking condonation of the delay in filing the appeal. It has been stated that the applicant had applied for legal aid, which was granted to him on 14th May, 2026, however, by that time the prescribed period of limitation for filing the appeal had already expired. The delay was caused because the applicant was unable to engage a counsel due to financial constraints and thereafter approached this Court for legal aid. Hence, the present application.

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A perusal of the memo of appeal shows that the present appeal has been filed through a legal aid Counsel; thus, the explanation furnished by the applicant that he was unable to engage a counsel on his own and had to approach this Court to seek legal aid has to be accepted. A person cannot be deprived of his right to pursue his case on

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account of poverty and further some time is consumed in the processing of an application for legal aid. Accordingly, the delay of 51 days in filing the appeal is condoned.

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The application stands disposed of.

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Cr.appeal (C-SB) No. __ 2026(Cr.appeal (CSB) No. 5145 of 2026)

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As per order passed in Cr.MP(M) No. 1178 of 2026, the delay in filing the appeal has been condoned.

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It be registered.

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Notice. Mr. Lokender Kutlehria, learned Additional Advocate General, accepts notice on behalf of the State. Copy of the appeal be supplied to the State within a period of three days.

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Let the record of the learned Trial Court be requisitioned.

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Cr.MP No. of 2026 (Cr.MPST No. 5146 of 2026.

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It be registered.

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Notice in the aforesaid terms.

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Perusal of the record shows that the learned

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Trial Court has awarded maximum sentence of three years to the applicant. Considering the fact that the appeal is not likely to be heard soon as many criminal

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appeals are pending for disposal. Hence, in these circumstances, the operation and execution of the substantive sentence of imprisonment imposed by learned Special Judge, Chamba, H.P. vide judgment dated 27.02.2026 and order of sentence dated 28.02.2026 in case bearing No. 02 of 2022 is ordered to be suspended till further orders subject to his furnishing personal bond in the sum of ₹25,000/- with one surety in the like amount to the satisfaction of learned trial Court and the deposit of the fine amount, if not deposited earlier within a period of one month from today, with an undertaking to appear before this Court as and when directed to do so and surrender before the learned Trial Court to serve sentence, in case of dismissal of the present appeal.

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A copy of this order be sent to the Jail Superintendent, Model Central Jail, Nahan, District Sirmour, H.P. and the learned Trial Court through FASTER forthwith for necessary compliance.

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

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Learned Additional Advocate General, for the

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respondent/State prays for and is granted four weeks’ time to file reply. List thereafter.

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( Rakesh Kainthla ) Judge

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3rd July, 2026 (Ravinder)

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Digitally signed by RAVINDER KUMAR DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, RAVINDER Phone=35ecb6f93c6891a7dae90f163e34d7ecaa420b13af1363204ab0e0f5c87077dc, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=f6cc63c55495d14ce1f8623eacdb6cb9ef2 c553803537a2f53c4ee637cbebaff, CN=RAVINDER KUMAR KUMAR Reason: I am the author of this documentLocation: Date: 2026-07-04 09:54:32

Deep alias Bittu v. State of Hp

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Deep alias Bittu v. State of Hp

Case brief

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