STATE OF GUJARAT Vs. RANDHIRSINH VAKHATSINH VASADIYA

JUDGEMENT

(1.) HEARD learned APP Mr. I.M. Pandya for the applicant State and learned Advocate Mr. Ramnandan Singh for respondents.

(2.) THE State has preferred the above Criminal Appeal against the judgment and order delivered by the Special Judge, Special Court, Baroda, on 26th of April, 2005, in Special Case No. 16 of 1997, whereby all the three accused - respondents herein of the said Sessions Case came to be acquitted by the Trial Court for the offences under Sections 7, 12, 13(1) (d) to read with Section 13(2) of the Prevention of Corruption Act, 1988. However, delay has been caused of 256 days in filing the Appeal and, hence, this Application is preferred by the State for the condonation of delay.

(3.) HAVING gone through the record and proceedings, it is contended and averred in the Application as well that after 8th of June, 2005, Office of the Government Pleader, High Court, Ahmedabad, attempted to obtain information and papers in connection with the Appeal. On 23rd of June, 2005, those papers were received. Thereafter also, some material was required to be collected and appeal was drafted and was filed on 17th of April, 2006. Now in this respect, proper explanation is offered by the State in Para -5 of the Application, wherein it has been stated that delay has been occurred on account of shortage of staff members including stenographers and no inaction or negligence or dereliction of duty can be attributed on the part of the applicant in filing aforesaid Appeal late.