CENTRAL BUREAU OF INVESTIGATION Vs. JAY KARAN SINGH

JUDGEMENT

(1.) The application is made for condonation of delay of 331 days in preferring leave for the purpose of appeal against judgment and order dated 30.12.2006 passed by the learned Special Judge, CBI Court No.5, Ahmedabad in Special Case No. 14 of 2006.

(2.) In the additional affidavit filed by the applicant the consumption of time for moving the file from one table to another and one department to another has been pointed out and the submission is that delay has been sufficiently explained. The machinery involved in the process were the Public Prosecutor, Deputy Inspector General of Police (CBI), Gandhinagar, Deputy Legal Adviser, CBI Mumbai Zone, Mumbai, Joint Director, CBI Mumbai Zone, Mumbai, Additional Director, CBI, New Delhi, Director of Prosecution and again the file is said to have reverted therefrom and eventually appeal is sought to be filed with the above-stated delay.

(3.) For opposing the application, learned counsel for the respondent would rely upon Post Master General and others v. Living Media India Limited and another [(2012) 3 SCC 563] more particularly para 29 and 30 which reads as under: