STATE OF GUJARAT Vs. SATISHCHANDRA BAVABHAI MANDLIK

JUDGEMENT

(1.) This application is filed by State praying for condonation of 128 days delay caused in preferring the aforesaid Criminal Revision Application, which is strongly objected to by Ms.Kavya Tulsyan, learned advocate for Mr.R.C.Sejpal, learned advocate for the Respondent.

(2.) Mr.Sharma, learned APP submitted that Respondent- accused has come to be discharged from the case, for an offence under Ss. 120-B, 406, 408, 419, 420, 467, 468 and 471 of the Indian Penal Code as also under Ss. 13(1)(d) , 7, 8, 10 and 13 (2) of the Prevention of Corruption Act, 1988. However, the delay, as occurred, has been explained in the application itself, since the certified copy of order impugned was applied on 7/9/2021 and it was ready for delivery on 9/9/2021 and it was obtained on 13/9/2021 by the office of the Public Prosecutor, City Civil and Sessions Court, Ahmedabad. As sought to be explained in para 5 of the application, the delay has occurred due to administrative reasons and all machineries of the State were busy in containing wrath of Covid-19 during the period. Even otherwise, State being an impartial machinery, file moves from table to table at a very low pace. It is further submitted that State has not neglected to challenge the impugned order so as to dis-entitle it for refusing condonation.

(3.) As against that, Ms.Kavya Tulsyan, learned advocate for Mr.R.C.Sejpal, learned advocate for the Respondent submitted that there is no explanation worth the name offered in the application. It is submitted that they have not taken prompt actions after obtaining even certified copy of the impugned order. She has further submitted that it being a huge delay, it should not be condoned. It is further submitted that the explanation offered is very vague and State did not bother to file the same even after decision was taken by the State to prefer the Revision Application.