STATE OF M.P. Vs. HIMMAT SINGH

JUDGEMENT

(1.) Heard on I.A. No.3985 of 2020 which is an application under Sec. 5 of the Limitation Act, 1963, for condonation of delay. The delay is of 656 days.

(2.) Counsel for the appellants/State submits that the present appeal is delayed by 656 days. He submits that the above delay has been reasonably/sufficiently explained by the State. In the instant case, appellant is State and in Government machinery, processing of the case for appeal takes time, therefore, the delay in filing the appeal be condoned. He has placed reliance over the judgment of Hon'ble Apex Court in the case of Sheo Raj Singh (Deceased) through legal representatives and Others vs. Union of India and Another reported in (2023) 10 Supreme Court Cases 531 to bolster his submissions.

(3.) Counsel for the respondent has submitted that appellants/State has not explained delay of 656 days. No documents in support of the averments made in the application has been filed, therefore, just because appellant is State, such huge delay in filing the appeal cannot be condoned. In this context, learned counsel for the respondents has relied upon the judgment in the case of Post Master General and others Vs. Living Media India Limited and another (2012) 3 SCC 563, Pundlik Jalam Patil (dead) by LRs. Vs. Executive Engineer Jalgaon Medium Project and another (2008) 17 SCC 448, State of Odisha (Vigilance) Vs. Purna Chandra Kandi SLP (Criminal) Diary No(s).29657/2019. Hence, it is urged that application and consequently appeal be dismissed.