Himachal Pradesh High Court
Madan Verma vs . State Of H.P. on 4 August, 2023
Author: Virender Singh
Bench: Virender Singh
Madan Verma Vs. State of H.P. .
Cr. MP(M) No. 1662 of 2023 4.8.2023 Present: Mr. Pavinder Sharma, Advocate, vice Mr. Anirudh Sharma, Advocate, for the applicant.
Mr. Mohinder Zharaick, Mr. H.S. Rawat and Mr. Tejasvi Sharma, Additional Advocates General with Ms. Sunaina and Ms. Leena of Guleria, Deputy Advocates General, for the respondent-State.
rt The applicant has filed the appeal under Section 449 (ii) of the Cr. P.C., against the order dated 11.1.2023, passed by the learned Additional Sessions Judge-II, Solan.
Since the appeal has been filed after the prescribed period of limitation, as such, the present application, under Section 5 of the Limitation Act, has been moved, for condonation of delay, which has been mentioned in the application, as 161 days.
The delay has been sought to be condoned on the grounds, as mentioned in the application. The said grounds have duly been supported by an affidavit.
Reply to the present application is not intended to be filed. However, the prayer has been opposed tooth and nail.
Considering the factual position, as mentioned in the application, this Court is of the view that the applicant is able to make out a case for condonation of delay. Hence, the application is allowed and delay in filing the appeal is condoned.
::: Downloaded on - 04/08/2023 20:46:04 :::CISCr. Appeal No. ________of 2023 .
Be registered.
Let record of learned trial Court be requisitioned, for the next date of hearing.
List on 25.8.2023.
Cr.MPST No. 5280 of 2023of The application is allowed with a direction to the applicant to do the needful within a period of four rt weeks. The application is, thus, disposed of.
(Virender Singh) Judge August 4, 2023 (kalpana) ::: Downloaded on - 04/08/2023 20:46:04 :::CIS