STATE OF GUJARAT Vs. BALWANTSINH VAJESINH SOLANKI

JUDGEMENT

(1.) Present application has been filed by the applicant State of Gujarat under section 5 of the Limitation Act to condone the delay of 653 days in preferring Criminal Appeal challenging the judgment and order dated 10th April 2003 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Ahmedabad (Rural), Ahmedabad passed in Sessions Case No. 202 of 2002 by which the learned trial Court has acquitted the respondents herein original accused for the offence under sections 143, 427 and 436 of the Indian Penal Code.

(2.) It is submitted in the application that the learned trial Court passed the impugned judgment and order on 10th April 2003 in Sessions Case No.202 of 2002 and the certified copy thereof was applied on 4.11.2003 and the same was ready on 1.12.2003 and the certified copy was obtained on 2.12.2003 and the present appeal came to be filed on 4.5.2005 and hence, there is a delay of 653 days in filing the Criminal Appeal. It is further submitted in para 4 of the application to explain the delay that the proposal for filing the Criminal Appeal was submitted to the D.G.P., Gandhinagar with uncertified copy of the judgment vide letter dated 10.12.2004 which was received in the registry of the Legal Department on 11.12.2004 and in the concerned branch on 16.2.2004. The file was prepared by the officer concerned on 10.3.2004 and submitted to the Joint Secretary for decision on 11.3.2004. The concerned Joint Secretary gave oral instruction to call for the proposal from the concerned Public Prosecutor and thereafter since the proposal was not received, a note was put up to Joint Secretary on 19.8.2004 for orders and the concerned Joint Secretary instructed on 19.8.2004 to call for the proposal along with relevant papers from the concerned Public Prosecutor. That thereafter the concerned Public Prosecutor was requested to send the proposal by telegram and the Joint Secretary took a decision to file Criminal Appeal before this Court. Accordingly, the Government Resolution was prepared on 19.8.2004 and forwarded the same to the Office of the learned Public Prosecutor, High Court of Gujarat on 19.8.2004. It is further submitted that thereafter the said Government Resolution along with the copy of uncertified judgment and other relevant papers were returned by the Public Prosecutor, High Court with a request to issue fresh G.R. along with certified copy of the judgment and relevant papers. Thereafter it was put up to the Joint Secretary on 2.6.2004 for orders and the Joint Secretary decided to send Fax to concerned A.P.P. on this basis. It is further submitted that on 26.8.2004 proposal was called for from the concerned Public Prosecutor by telegram and since no proposal was received, a note was submitted to the Deputy Secretary for sending another telegram to the Public Prosecutor calling for necessary case papers and thereafter the proposal was received from the concerned Public Prosecutor vide its letter dated 14.3.2005 which was received in the registry of Legal Department on 21.3.2005 and in the concerned branch on 22.3.2005 and thereafter send to the Public Prosecutor, High Court and the impugned appeal came to be filed on 4.5.2005.

(3.) Considering the averments in the application and the cause shown in the application justifying the delay and considering huge delay of 653 days, this Court thought it fit to consider prima facie case on merits and therefore to satisfy the case on merits, this Court called for the R & P of the learned trial Court.