Dhyan Singh Vs Kewal Kumar — Himachal Pradesh HC (2026) — LawSathi Research

Dhyan Singh Vs Kewal Kumar — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer in Cr.MP(M) No.899 of 2026 allowed: delay of 322 days in filing the petition condoned and petition ordered registered, application disposed of; Cr. Revision No.____ of 2026 admitted with hearing on 22.09.2026 and record of learned Court below summoned; substantive sentence suspended subject to deposit of 50% of the compensation amount and personal bond of Rs.20,000/- with one surety within six weeks (CRMPST No.3058 of 2026); CRMPST No.3059 of 2026 allowed with certified copy of trial Court judgment to be filed within four weeks.

Issue for consideration

Whether the delay of 322 days in filing the accompanying petition (barred by limitation) was neither intentional nor deliberate and was sufficiently explained, warranting condonation.

Court's answer

Delay of 322 days in filing the petition occurred due to circumstances completely beyond the applicant's control, was neither intentional nor deliberate, has been sufficiently explained, and is condoned; the petition shall be registered.

Ratio / Principle

Pending the revision, the substantive sentence imposed by the learned Court below shall remain suspended, conditional on the applicant depositing 50% of the compensation amount, furnishing a personal bond of Rs.20,000/- with one surety in the like amount within six weeks, appearing as directed, and surrendering to serve the sentence if the revision is dismissed.

Key takeaways

CRMPST No.3059 of 2026 allowed, with the certified copy of the trial Court judgment to be filed within four weeks.ratio¶16

Detailed headnote1 paragraphs

Dhyan Singh v. Kewal Kumar, Cr.MP(M) No.899 of 2026 (decided 20.07.2026, Sandeep Sharma, Judge): the delay of 322 days in filing a petition barred by limitation was condoned, the Court finding it neither intentional nor deliberate and attributable to circumstances completely beyond the applicant's control; the petition was ordered registered. The criminal revision arising therefrom was admitted with hearing listed for 22.09.2026 and the record of the learned Court below summoned. By CRMPST No.3058 of 2026, the substantive sentence imposed by the Court below was suspended subject to the applicant depositing 50% of the compensation amount, furnishing a personal bond of Rs.20,000/- with one surety in the like amount within six weeks, and surrendering to serve the sentence if the revision is dismissed. CRMPST No.3059 of 2026 was allowed, requiring the certified copy of the trial Court judgment to be filed within four weeks. No statutory provision or precedent case is cited in the order.

Dhyan Singh vs. Kewal Kumar

Cr.MP(M) No.899 of 2026

20.07.2026 Present Mr. Rajesh Kashyap, Advocate, for the applicantpetitioner.

Mr. Ranvir Chauhan, Advocate, for the nonapplicant/respondent.

Cr.MP(M) No.899 of 2026

By way of instant application, prayer has been made on behalf of the applicant/petitioner for condonation of delay in filing the accompanying petition, which is barred by limitation.

Pursuant to the notice issued in the instant proceedings, Mr. Ranvir Chauhan, Advocate has filed power of attorney on behalf of the non-applicant/respondent. He states that he does not intended to file any reply to the application and has no objection in case the prayer made in the application is allowed.

Having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying petition is neither intentional nor deliberate, rather same has occurred on the account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay of 322 days in filing the petition, which in my considered view has been sufficiently explained, is condoned. The petition be registered. The application stands disposed of.

Cr. Revision No.____ of 2026

Admit.

List for hearing on 22.09.2026. In the meanwhile,

record of learned Court below be called for.

CRMPST No.3058 of 2026

Notice in the aforesaid terms. Reply, if any, be filed within a period of six weeks. In the meanwhile, substantive sentence imposed by learned Court below shall remain suspended, subject to the applicant’s depositing 50% of the compensation amount and furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of learned trial Court, within a period of six weeks, with the condition that the applicant shall appear in the Court as and when directed and shall surrender to serve out the sentence imposed, in case the revision is ultimately dismissed.

CRMPST No.3059 of 2026

Allowed. Certified copy of the trial Court judgment be filed within a period of four weeks. The application stands disposed of.

(Sandeep Sharma) Judge

July 20, 2026 (shankar)