STATE Vs. HARIHAR @ CHITU & ORS

JUDGEMENT

(1.) This is an application filed by the appellant seeking codonation of 423 days delay in filing the present criminal leave to appeal petition.

(2.) Learned counsel for the petitioner submits that the leave to appeal could not be filed within the time allowed for bona fide reasons. Counsel further submits that while dealing with application for condation of delay the Court must take a liberal view in the matter.

(3.) Present application has been vehemently opposed by learned counsel for the respondents, who submit that the affidavit filed by the then APP explaining the reasons for delay are not bona fide. It has been stated in the affidavit that the leave petition could not be filed within the period of limitation as the file of this case got mixed up with the other files and also citing the illness of the clerk is an afterthought, which is evident from the fact that no such grounds were raised in the application filed by the State seeking condonation of delay. It is also contended that the application is not bona fide and, thus, should be rejected.