STATE OF H.P. Vs. KISHAN CHAND

JUDGEMENT

(1.) The State of Himachal Pradesh (here -after referred to as "the applicant") by this application has prayed for condonation of delay in filing the appeal against the judgment dated 21.2.1997 passed by the learned Chief Judicial Magistrate, Mandi thereby acquitting the respondents of a charge under Section 379 of the Indian Penal Code and Sections 32 and 33 of the Indian Forest Act.

(2.) As per the contents of the application, there is delay of 458 days in filing the appeal. A part of this delay includes the period during which the appeal papers on its return remained pending with the State Government for removal of the objections which delay in re -filing the appeal has already been condoned vide order dated 11 -5 -2000. This application, therefore, requires consideration only for the period of delay not condoned by the aforesaid order and which relates to the delay in filing the present appeal initially.

(3.) I have heard the learned Additional Advocate General for the State and the learned counsel for the respondents and have also gone through the material placed before me.