CENTRAL BUREAU OF INVESTIGATION Vs. SATISH CHANDRA KAYAL

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act filed by the petitioner praying for condonation of delay of 39 days in filing the appeal being CRA No. 306 of 2001.

(2.) Mr. Ranjan Roy, learned Advocate for the petitioner submitted that in Special Case No. 6/1990 arising out of RC 12/85 dated 20.2.1987 of C. B.I./ S.P.E./Cal, the Learned Judge, First Special Court, Alipore by judgment and order dated 25.1.2001 acquitted the accused opposite parties. The petitioner challenging the said judgment and order of acquittal has filed the appeal. There was 39 days delay in filing the appeal and grounds of delay has been explained in paragraph 11 of the application. The grounds mentioned in the said paragraph 11 would reveal that as it was an appeal by organisation of Government and the matter passed through different tables and officers, delay was inevitable and beyond the control of petitioner. In matter of State when it passes through different departments and machinery some delay is expected. In the instant matter the petitioner has been able to make out sufficient cause for the delay which prevented it in filing the appeal in time.

(3.) Mr. Roy further submitted the expression "sufficient cause" should be contrued liberally with pragmatism in justice oriented approach rather than technical considerations. The factors which are peculiar too and characteristic of the functioning of the Governmental conditions require adoption of pragmatic approach and Court decide the matter on merit, and the delay should be condoned. In support of his contention Mr. Roy referred to the decisions reported in AIR 1987 SC 1353, AIR 2000 SC 2306, AIR 1996 SC 2750, AIR 1996 SC 1623 and AIR SC 897.