STATE OF GUJARAT Vs. KANTIBHAI DEVABHAI VANKAR

JUDGEMENT

(1.) Heard Mr. Bukhari, learned Addl. P.P. for the applicant-State and Mr. A. J. Patel, learned Advocate for the respondents-accused.

(2.) By way of this application, the State of Gujarat wants this Court to condone the delay of 82 days in filing appeal against the judgment and order of acquittal dated 25th August, 1989 passed by the learned Judicial Magistrate, First Class, Balasinor in Criminal Case No. 461 of 1987 whereby the learned Magistrate acquitted all the four accused-respondents of the offences punishable under Secs. 323, 324, 337 and 504 read with Sec. 114 of the IPC for which they were charged and tried.

(3.) Mr. Patel, learned Counsel, appearing for the respondents, vehemently objected to the grant of this application. He submitted that the State Government has abandoned its right of preferring an appeal, within a period of limitation which was 90 days, against the impugned order of acquittal passed by the learned Magistrate. He submitted that it clearly appears from the averments made in para 3 of the application itself that after expiry of the period of limitation, for the first time it was thought and decided to prefer an appeal and accordingly the appeal came to be filed after 82 days after the expiry of period of limitation. He, therefore, submitted that the delay should not be condoned and this application should be dismissed. In support of his submission, Mr. Patel relied upon the judgment of the Supreme Court in Ajit Singh Thakur Singh v. State of Gujarat, AIR 1981 SC 733: [1981 GLR 268 (SC)] and heavily relied upon the observations made by the Supreme Court in para 6 which are as under :