STATE Vs. UTTAMCHAND BOHRA

JUDGEMENT

(1.) This special leave petition was filed after a delay of 447 days. The successful respondent (Uttamchand Bohra, hereinafter "Uttamchand/respondent"), who was issued notice as to why delay in filing the petition should not be condoned, objected to the Court's entertaining the petition, urging that the certified copy of the impugned order (delivered on 25/5/2017), was applied for on 13/3/2018 and eventually the petition was filed on 13/11/2018. Thus, total delay of 447 days occurred in filing of the petition, which is inordinate. It was urged that the application for condonation should not be countenanced, as no sufficient cause was shown.

(2.) On behalf of the Central Bureau of Investigation (hereinafter "CBI / prosecution"), Mr. Vikramjit Banerjee, learned Additional Solicitor General (hereinafter "ASG") pointed to averments in the affidavit and supported the application seeking condonation of delay on the ground that the certified copy which had been originally applied for, could not be collected since the receipt was misplaced and as a result, the second certified copy was applied for. The matter had to be processed and official approvals obtained, which took some time. The final clearance for filing the petition was given in mid-June 2018 after which it was drafted and eventually filed. The ASG contended that having regard to these facts, this Court should condone the delay for filing the petition.

(3.) After hearing the rival arguments, this Court is of the opinion that though the delay of over 447 days is considerable, nevertheless explanation given by the petitioner that it lost the original receipt and had to apply for a fresh certified copy, has to be taken note of. The delay which occurred after the receipt of the certified copy in the opinion of the Court is not of such magnitude as to warrant dismissal of the application i.e., I.A. No. 178754/ 2018. The application is allowed and the delay in filing the petition, condoned.