CENTRAL BUREAU OF INVESTIGATION Vs. BIMAN KUMAR SAHA

JUDGEMENT

(1.) This is an application under Sec. 5 of the Limitation Act filed by the petitioner /intending appellant for condonation of delay of 302 days in filing the appeal against the impugned judgment and order of acquittal.

(2.) The petitioner has delineated the reasons for delay in filing the appeal in paragraph 12 of the said application which is reproduced below: -

(3.) The opposite parties have filed affidavit-in-opposition against the aforesaid application under Sec. 5 of the Limitation Act. It is specifically stated by the opposite parties that the explanation for condonation of delay contained in paragraph 12 of the aforesaid application is vague, misconceived, speculative, baseless and bereft of better or more particulars. It is further stated by the opposite parties that official delay in according permission to the petitioner to file appeal against an order of acquittal cannot be said to be a sufficient cause for delay in filing the appeal.