LAWS(GJH)-1996-3-52

STATE OF GUJARAT Vs. KOLI MOHAN NANUBHAI

Decided On March 22, 1996
STATE OF GUJARAT Appellant
V/S
KOLI MOHAN NANUBHAI Respondents

JUDGEMENT

(1.) The State of Gujarat by his Misc. Criminal Application under Sec. 5 of the Limitation Act, 1963; has moved this Court inter alia praying for condoning the delay of 10 days which has taken place due to the belated filing of the Criminal Appeal No. 605/94.

(2.) To briefly narrate few relevant facts, the applicant-State while making good the case of "sufficient cause" for condoning the delay in question, has submitted that the impugned judgment and order of acquittal came to be passed on 28.2.1995 and the certified copy of the same was applied for on the very same day i.e. 2.2.1995 without losing any time. The same was ready for delivery on 4.3.1995 however it was obtained on 10.3.1995. Thereafter the proposal dated 6.4.1995 to file an acquittal appeal forwarded by the learned Additional PP was received by the Legal Department on 10.4.1995. This was, ultimately placed before the concerned Branch of the Legal Department on 15.4.1995. On the very same day the papers were submitted to the concerned Dy. Secretary, who in his turn, took a decision to file acquittal appeal before this Court on 5.6.1995. Thereafter the papers were placed before the RLA for his approval on 5.6.1995, which was granted on the very same day and necessary resolution to the said effect was passed on 7.6.1995 and forwarded to the office of the learned PP. High Court of Gujarat at Ahmedabad to do the needful and ultimately the appeal came to be filed on 13.6.1995. According to the applicant-State, from 8.6.1995 to 12.6.1995 the were public holidays and that the delay in question to file an appeal occurred due to some honest mistake committed in calculation of the period of Limitation, and that there was neither negligence nor inaction on their part in processing the matter in time. On the basis of these submissions, it is prayed by the applicant-State to condone the delay and hear and decide the appeal on merits.

(3.) Incidentally it may also be pointed out at this stage that the acquittal Appeal No. 605/95 pertains to the appeal filed by the State against Koli Mohan Nanubhai and two others who came to be tried for the alleged offences punishable under Secs. 302, 323, 324, read with Sec. 114 of the IPC in Sessions Case No. 116/95, wherein at the end of the trial, they were ordered to be acquitted vide judgment and order dated 28.2.1995 passed by the learned Additional Judge, Bhavnagar.