Application for condonation of 60 days' delay in filing an appeal, citing the applicant's incarceration and dependence on relatives for funds. Court found the jail custody corroborated by a Power of Attorney authenticated by the jail Superintendent and allowed the application; the appeal was ordered registered.
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Sunny Kappor @ Hani vs. State of H.P.
Cr.MP(M) No. 1307 of 2026
20.07.2026 Present: Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Jitender Sharma, Additional Advocate General for the respondent No.2/State.
The present application has been filed for
seeking condonation of a delay of 60 days’ in filing the appeal. It has been asserted that the applicant belongs to a poor family and could not file the appeal within the stipulated period. The applicant remained in Jail and his relatives took time to arrange the funds. Hence, the application.
No reply to the application has been filed.
Heard.
The plea raised by the applicant that he has been lodged in Jail is duly corroborated by Power of Attorney which has been authenticated by the jail Superintendent, District Jail, Nalagarh certifying that applicant is lodged in Jail. Therefore, the applicant was unable to file the appeal in time and had to remain dependent upon his relatives. Since the relatives did not pursue the appeal within time, therefore, the applicant cannot be faulted for it. Further, it is the first appeal and is the valuable right of the applicant and should not be defeated without any reason. Hence, the present application is allowed and the delay in filing the appeal is ordered to be condoned.
The present application stands disposed of.
Cr. A (C-SB) (ST) No. 5368 of 2026
Vide separate order passed in Cr.MP(M) No. 1307
of 2026 the delay in filing the appeal is condoned, it be registered.
Mr. Jitender Sharma, Additional Advocate General appears and waives service of notice on behalf of the respondent/State.
Copy of appeal be supplied to the learned Additional Advocate General for the respondent/State.
Record be also requisitioned.
Cr.MP(ST) No. 5442 of 2026
Notice in the aforesaid terms.
It be registered.
Copy of application be supplied to the learned Additional Advocate General for the respondent/State.
Reply, as prayed, be filed within two weeks and the matter be listed thereafter.
(Rakesh Kainthla) Judge
20th July, 2026 (Nikita)
1 issue framed by the court
Whether the 60-day delay in filing the appeal should be condoned on the ground that the applicant was lodged in jail and dependent on relatives.
Sunny Kappor @ Hani
State of H.P.
Rakesh Kainthla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
