STATE OF DELHI Vs. RAJINDER

JUDGEMENT

(1.) This petition for leave to appeal under Section 378(1) Cr.P.C. against the judgment dated 9.11.1998, acquitting the respondents, passed by Addl. Sessions Judge, New Delhi, was filed only on 29.4.2003. Certain objections were raised and it was refiled only on 22.7.2003.

(2.) The State has filed Crl.M.No.62/2003 for condonation of delay and another Crl.M.No.84/2003 has been filed for condonation of delay in refiling the appeal after removal of objections. Averments made in the application dated 8.8.2003, which is the subsequent application filed is that there was a delay of 436 days in initial filing and 3 years and 22 days in refiling the appeal. Para 11 of the Crl.M.No.84/2003 is in the following terms:-

(3.) We are not persuaded to accept that the appellants have been able to offer a tenable explanation or show sufficient cause for condonation of this enormous and inordinate delay. In fact if for the stated reasons in every case a delay of this magnitude is to be condoned, it would amount to negation of the period of limitation prescribed. Leaving that apart, we also heard the learned counsel on merits of the appeal to satisfy ourselves that there should not be any substantial miscarriage of justice in case leave to appeal is declined.