STATE Vs. SACHIN SHOKEEN

JUDGEMENT

(1.) THIS is an application filed by the State/appellant under Section 5 of the Limitation Act read with Section 482 of the Code of Criminal Procedure for condonation of 92 days delay in filing the present leave to appeal petition.

(2.) LEARNED counsel for the appellant submits that the delay caused in filing the present leave to appeal petition was neither intentional nor the same was on account of inaction or negligence on the part of the appellant but the same is due to bona fide reasons. Counsel further submits that after the impugned judgment was passed, the file was processed in various departments for opinion as to whether an appeal should be filed or not and only on 23.8.2012 it was approved by the office of Law Department, Government of NCT, Delhi, that an appeal be filed and thereafter the file was sent to the office of the Standing Counsel. Counsel further submits that at the relevant time the panel was not large enough in comparison to the number of appeals, which were to be filed and moreover the drafting of appeals was entrusted to only three or four lawyers. Counsel further submits that the procedure has since been streamlined.

(3.) WE have heard learned counsel for the parties, considered their rival submissions and given our thoughtful consideration to the matter. At the outset, we may notice that Crl.Appeal No.994/2013 has been filed by the parents of the deceased, who died under unnatural circumstances in her matrimonial home, within less than four months of her marriage. It may be noticed that there is no delay in filing Crl.Appeal No.994/2013. The leave to appeal has been filed by the State. The State has prayed for condonation of 92 days delay in filing the present leave to appeal. While counsel for the appellant has sought condonation of delay on the ground that after the judgment was pronounced the files were processed in various departments for opinion on the point of filing of an appeal against the impugned judgment and it was finally approved on 23.8.2012 and thereafter the files were sent to the office of the Standing counsel, however, during the course of hearing, learned counsel for the appellant has also brought to our notice that at the relevant time there were only three or four counsel, who were entrusted with drafting of appeals, which was also one of the reasons, which resulted in delay in filing the present appeal. We have also been informed that remedial measures have been taken and the process has been simplified so that there is no delay in filing the appeals.