BIBEK CHAUDHURI,J. - (1.)Affidavit of service be kept with the record.
(2.)This is an application under Sec. 5 of the Limitation Act filed by the petitioner praying for condonation of delay in filing the application for special leave to appeal against an order of acquittal passed in Special Case No.42 of 2011 by the learned Judge, Special CBI Court No.2 Kolkata acquitting the opposite party of the charge under Sec. 7 read with Ss. 13(2) and 13(1)(d) of the Prevention of Corruption Act.
(3.)It is submitted by the petitioner that Special Case No.42 of 2011 was disposed of by the court below regarding an order of acquittal of the charge under Sec. 7 read with Sec. 13(2) and 13(1)(d) of the Prevention of Corruption Act vide judgment and order dtd. 29/3/2019. The petitioner being the Central Investigating Agency applied for certified copy of the judgment on the very date of delivery of judgment and it was delivered to it on 10/4/2019. CBI received comments of the learned Senior Public Prosecutor on 2/5/2019 and file was placed before the Superintendent of Police, CBI for his comments. Such comment was received on 8/5/2021. The Head of the Branch and Deputy Legal Advisor, CBI gave their comments on 21/8/2019 and 28/8/2019 respectively. Thereafter by an order dtd. 6/9/2019 the Joint Director, CBI Kolkata Zone made a recommendation for filing an appeal against the impugned judgment. The file was sent to the Head Office of CBI at New Delhi on 6/9/2019. Upon receipt of the file, the Director of Prosecution, CBI sought for the views of Additional Legal Advisor (Legal) on 9/9/2019. The Additional Legal Advisor submitted his report on 3/10/2019 with a recommendation to file appeal against the impugned judgment and order of acquittal on 3/10/2019 and marked the file to the Joint Director and Head of the Zone, Kolkata on 4/10/2019. The Additional Director, CBI sought for the views of the Director of Prosecution and the file was sent to him on 16/10/2019. The Director of Prosecution submitted his comments on 14/2/2020 recommending for filing appeal against the impugned judgment and the file was marked to the Additional Director, CBI. The Additional Director, CBI further marked the file to the Director, CBI on 19/2/2020. The Director, CBI accorded approval to the recommendation for filing appeal against the impugned judgment and order on 20/2/2020. The file was received back by CBI, ACB, Kolkata on 24/2/2020. Pursuant to receipt of the approval again the file was moved through different hierarchy of the CBI on the ground that the period of limitation has expired in the mean time and the appeal ought to be filed with an application for condonation of delay. Finally the private application for filing appeal along with the private application under Sec. 5 of the Limitation Act for condonation of delay was forwarded to the learned Additional Solicitor General for CBI, Kolkata on 31/8/2021. In such event there has been delay of 313 days in filing the instant appeal.