STATE Vs. KISHAN PAL

JUDGEMENT

(1.) This is an application moved by the State seeking leave to appeal, against the judgment and order dated 17th February, 2001, passed by the Additional Sessions Judge acquitting the respondents of charges under Sections 302/307 read with Section 34, IPC giving them the benefit of doubt.

(2.) It appears that application for leave to appeal had been prepared in June, 2001 and filed in July, 2001. The application is accompanied by an application under Section 5 of the Limitation Act being Crl. M. 61/2003 seeking condonation of delay of fifty days in initial institution and a delay of one year, eleven months and 25 days in refiling the appeal. The appeal had been returned with objections.

(3.) Learned Standing Counsel Ms. Mukta Gupta places reliance on a judgment of the Division Bench of this Court in State v. Suresh Kumar (Crl. L.P. 52/2002) and other connected appeals wherein the Division Bench, while condoning the cases of enormous delay in filing of the appeals, has taken note of extraordinary situation where 250 appeals had remained pending in the office of the State Counsel. The delay in institution as also delay in refiling, which ranged from 174 days to 1015 days was condoned, with a reasoned judgment.