STATE OF HARYANA Vs. MUKESH

JUDGEMENT

(1.) The present application has been filed by applicant-State of Haryana under Section 378(3) Cr.P.C for grant of leave to appeal against the judgment of acquittal dated 20.05.2019 passed by learned Additional Sessions Judge, Jhajjar, whereby, accused respondent Mukesh, who faced trial in case FIR No.215 dated 22.06.2010 registered under Sections 148, 149, 302, 307, 449, 120-B IPC and Sections 25/27/54/59 of the Arms Act at Police Station, City Bahadurgarh, has been acquitted. There is delay of 111 days in filing the present application for grant of leave to appeal.

(2.) Briefly, the facts of the case, as made out in the present application, are that said FIR was registered at the instance of complainant-Dharambir (PW5) against accused persons. Respondent-Mukesh was one of the accused. All accused faced trial, out of which, some were convicted and some were acquitted. Respondent-Mukesh was acquitted of the charge by the judgment of trial Court dated 20.05.2019 passed by the Additional Sessions Judge, Jhajjar.

(3.) The present application has been filed against the judgment of acquittal passed by the trial Court with delay of 111 days. An application for condonation of delay has also been filed which is supported by an affidavit of Sh. Ajaib Singh, Deputy Superintendent of Police, Bahadurgarh, District Jhajjar. The reason for condonation of delay mentioned is that the opinion of District Attorney, Jhajjar was sought and after obtaining opinion and on completing procedural formalities, the application was filed and hence, delay of 111 days has occurred. The details of dates as to when the file was submitted and when opinion was given, have not been mentioned. The formalities which were required to be completed have not been mentioned. The application is totally vague. Nothing has been mentioned as to when the file was sent for legal opinion and when it was returned. The application does not disclose any sufficient ground to condone the delay in filing of the application for leave to appeal. The judgment of acquittal was passed on 20.05.2019 and an application for leave to appeal was filed on 22.11.2019 but the time period in between has not been properly explained.