STATE OF J&K Vs. DEWAN CHAND

JUDGEMENT

(1.) Through the medium of instant application, i.e., SLAA No.81/2014, the applicant-State is seeking leave of the Court to file the acquittal appeal against the judgment dtd. 26/10/2013 passed by the learned Additional Sessions Judge, Doda, in case, titled as, State vs Dewan Chand and others for the commission of offence under Sec. 307/452/147/148/325/326 RPC.

(2.) Though the application seeking leave to file the acquittal appeal pertains to the commission of offence under Ss. 307/452/147/148/325/326 RPC, however, the applicant-State in paragraph-1 of the application has stated regarding commission of offence under Sec. 8/20 NDPS Act, which means the instant application has been filed without proper application of mind nor the learned counsel bothered to go through the application. Accordingly, I deem it appropriate to dismiss the application. Ordered accordingly.

(3.) Consequently, CONCR No.70/2014 too shall stand dismissed. Otherwise too, there was a delay of 61 days in filing the acquittal appeal, the applicant-State has not explained in the application that what prevented it from filing the acquittal appeal within time nor has projected any justifiable reason for such a delay or when it had applied for obtaining the certified copy of impugned judgment dtd. 26/10/2013. The applicant-State has failed to explain each day's delay. Since there is no satisfactory explanation for the delay, therefore, in my view, no sufficient cause has been made out to condone the delay in filing the acquittal appeal.