(1.) Heard Mr. Subhash Chandra Keyal, learned standing counsel for the applicant CBI. Also heard Mr. Anil Kumar Bhattacharyya, learned Senior counsel assisted by Mr. Binod Kumar Singh, learned counsel for the respondent No. 1 and Mr. Dinesh Kumar Mishra, learned Senior counsel assisted by Mr. Arinjoi Sandilya, learned counsel for the respondent No. 2.
(2.) By this application under Section 5 of the Limitation Act, 1963, the applicant CBI has prayed for condoning the delay of 184 days in filing the connected appeal against the acquittal judgment and order dated 22.8.2017, passed by learned Additional Sessions Judge No.2, Kamrup (Metro), Guwahati, in Sessions Case No. 9/1999 arising out of CBI Case No. RC-9/S/95-Kol, whereby the respondent No. 1 was acquitted from the charge under Section 302 of the IPC and the respondent No. 2 was acquitted from the charges under Section 302/114 IPC. Both the respondents have filed their affidavits objecting condonation of said delay made by the applicant CBI in preferring the connected appeal.
(3.) At the very outset Mr. Keyal, learned standing counsel referred to the reasons for the delay of 184 days in filing the appeal as given at paragraph Nos. 3 to 11 of the application. Contents of the said paragraphs reproduced herein below for easy reference:--