Dalip Kumar @ Kaku v. State of Hp
Condonation of delay – Criminal appeal – Delay attributable to applicant's incarceration
Case brief
What is this about?
Condonation of 34 days' delay in filing criminal appeal granted because applicant was in judicial custody/incarcerated; Dalip Kumar @ Kaku vs State of H.P.; order by Judge Rakesh Kainthla dated 23.07.2026; Cr.MP(M) No. 1246 of 2026; delay reported by Registry, two days mentioned in application was clerical error; State raised no objection and filed no reply; custody at Lala Lajpat Rai District & Open Air Correctional Home Dharamshala, District Kangra, H.P.; appeal registered as Cr.appeal (C-SB) S.T.No. 5680 of 2026; notice accepted by learned Additional Advocate General Jitneder K.Sharma; Trial Court record requisitioned; companion application Cr.MPST No. 5681 of 2026 registered, notice issued, reply within two weeks; advocates Kapil Sharma and Shivanshu Attri for petitioner(s).
What did the court decide?
Delay of 34 days in filing the appeal condoned and the condonation-of-delay application disposed of; consequent operative directions: criminal appeal ordered registered (Cr.appeal (CSB) S.T.No. 5680 of 2026), notice issued and accepted by the learned Additional Advocate General for the State, copy of appeal supplied, and Trial Court record requisitioned; companion application Cr.MPST No. 5681 of 2026 registered with notice issued and reply required within two weeks.