STATE OF GUJARAT Vs. AMRUTLAL MOHANLAL SUNESARA

JUDGEMENT

(1.) BY this application under section 5 of the Limitation Act, 1963 the applicant-State of Gujarat seeks condonation of delay of 1701 days caused in filing Criminal Appeal No.697 of 2012.

(2.) MR . K.L. Pandya, learned Additional Public Prosecutor drew the attention of the court to the averments made in the memorandum of application, the additional affidavit filed by Mr. M.D. Mogal, In- charge Under Secretary, Legal Department, as well as the supporting additional affidavit filed by Mr. M.D. Jadeja, Police Inspector, A.C.B. Bhuj, to submit that the delay caused in preferring the appeal has been sufficiently explained and, as such, the application deserves to be allowed. It was submitted that it is settled legal position that insofar as filing appeals by the Government are concerned, certain procedures involving different departments are required to be followed and the files have to move through different tables and different departments on account of which there is likelihood of some delay being caused in the process. Under the circumstances, the delay is required to be condoned and the appeal is required to be heard on merits.

(3.) A perusal of the averments made in the memorandum of the application as well as the affidavits filed in support thereof indicates that the impugned judgment and order came to be passed on 2nd July, 2007; on 6th July, 2007, a Vardhi report about the decision of Special (A.C.B.) Case No.31 of 1998 was forwarded by the Police Inspector, A.C.B. Police Station, Bhuj to the Director of Anti Corruption Bureau, Ahmedabad and Assistant Director, Anti Corruption Bureau, Rajkot; with reference to the said Vardhi, the Director of Anti Corruption Bureau, Ahmedabad, vide letter dated 10th July 2007, directed the Police Inspector, A.C.B. Police Station, Bhuj to collect certified copies of the judgment as well as the opinion of the concerned Public Prosecutor and send a copy of the proposal to the Legal Department. He also directed the Assistant Director, A.C.B., Rajkot to go through the judgment and order and send a self-contained report as to whether there was any scope for preferring an appeal or not.