HARI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Being aggrieved and dis-satisfied with the order dated 12.12.2017, passed by Ld. Sessions Judge, Kullu, Himachal Pradesh, in Criminal Mis. Application 205/2017, whereby an application under Section 5 for condonation of delay, in maintaining the accompanying Criminal Appeal under Section 374 CrPC having been filed by the petitioner (hereinafter referred to as 'accused') came to be dismissed, petitioner has approached this Court in the instant proceeding, praying therein to restore application for condonation of delay after setting aside the order dated 12.12.2017.

(2.) Though, perusal of Zimini order placed on record suggests that matter was repeatedly passed over before passing of order dated 12.12.2017 but from perusal of affidavit (Annexure P-6) having been filed by Mr. Pranav Dhar Advocate, practicing in the District Court, Kullu, suggests that accused namely Hari Singh, who is in Kanda Jail, had expressed his intention to change the counsel and had accordingly instructed Advocate Pranav Dhar to appear on his behalf in Sessions Court, Kullu. But above named counsel inadvertently failed to put in appearance on behalf of petitioner, who admittedly at that time was lodged in Kanda Jail.

(3.) Having perused explanation rendered on record by the petitioner with regard to absence of the petitioner- accused or his counsel on 12.12.2017, this Court in the given facts and circumstances of the case deems it fit to grant one more opportunity to the petitioner-accused to present himself either in person or through his counsel in Criminal Appeal lodged by him against the judgment of conviction dated 30.3.2017, passed by learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu, H.P. in Criminal Case No. 148-I of 2008 titled State of H.P. vs. Tashi Phunchog and another.