LAWS(SC)-2017-7-243

THE STATE OF BIHAR Vs. SUCHIT HALWAI

Decided On July 04, 2017
THE STATE OF BIHAR Appellant
V/S
Suchit Halwai Respondents

JUDGEMENT

(1.) This special leave petition is filed by the State of Bihar. By the impugned judgment, Second Appeal No. 207 of 2015 preferred before the High Court of Patna with a delay of 4 years and 23 days, was dismissed as the High Court declined to condone the delay. Aggrieved by the said order, the State has filed the instant Special Leave Petition.

(2.) The learned counsel appearing for the State very vehemently argued that he would be failing in his duty if he did not bring the earlier judgment to the notice of this Court. He placed a judgment reported in and Another). The learned counsel relied upon para 11 of the said judgment which reads as follows:-

(3.) It must be mentioned here that the delay which was the subject matter of the dispute in the above mentioned case (supra) was about 679 days. In the instant case as already noticed, the delay is more than 4 years. Coming to the explanation offered for the delay, it is stated before the High Court at para 4 of the IA no. 8561/2015 in S.A. No. 207/2015 which reads as follows:-