STATE OF GUJARAT Vs. KARSANBHAI VELABHAI BHARAWAD

JUDGEMENT

(1.) The applicant-State has moved this application for condonation of the delay of 181 days in filing Criminal Appeal No. 70 of 1996 for challenging the judgment and order of acquittal passed by the learned Sessions Judge of Valsad at Navsari on 21st April 1995 in Criminal Appeal No. 27 of 1993.

(2.) The opponent-accused has appeared neither in person nor through any advocate though duly served. Since the delay sought to be condoned is of 181 days, I have though it fit to appoint one Advocate Kum. Parul Patel to assist this court as amicus curiae in the matter.

(3.) The delay is attributed to the belated application for a certified copy of the impugned judgment and order of acquittal by the concerned learned Additional Public Prosecutor appearing on behalf of the prosecution agency at the relevant time. The impugned judgment and order of acquittal was passed on 21st April 1995 and an application for its certified copy was made nearly 150 days thereafter on 18th September 1995. There appears to be some delay in taking its delivery also. It transpires from the record that its certified copy became ready for delivery on 21st September 1995 but its delivery was taken about a fortnight later on 6th October 1995. Both these periods of delay are attributable to the learned Additional Public Prosecutor representing the prosecution agency at the relevant time.