STATE OF HIMACHAL PRADESH Vs. C.L.MALHOTRA

JUDGEMENT

(1.) This is an application by the State of Himachal Pradesh under Section 5 of the Limitation Act for condonation of delay in filing an appeal against the judgment dated 2.8.1999 passed by the learned Special Judge, Shimla in case No. 19 -S/7 of 1997/ 96 under Sections 420, 120 -B of the Indian Penal Code read with Section 13(2) of the Prevention of Corruption Act and Section 22 of the H.P. Prevention of Corrupt Practices Act.

(2.) I have heard the learned Additional Advocate General for the State and the learned Counsel for the respondents -accused and have perused the material placed on record.

(3.) It is not disputed that the judgment sought to be impugned was pronounced on August 2, 1999. The copy of the judgment was applied for on 3.8.1999, and delivered to the State of H.P. on 11.8.1999. The appeal has been filed on 10.12.1999 and this application for condonation of delay has been moved on March 7, 2000. It is also not disputed that there is delay of 32 days in filing the appeal. The dispute, however, is that according to the learned Additional Advocate General, there is sufficient cause for condonation of delay as the matter remained under examination by different branches and officers of the State Government whereas according to the respondents, no sufficient cause has been shown to condone the delay.