STATE OF J&K Vs. SUSHEETAL ABROL

JUDGEMENT

(1.) The State has filed the present condonation application in the application seeking leave to file acquittal appeal on the grounds that the accompanying appeal has been filed by the appellant/applicant against the order dated 22.02.2017 passed by the Additional Sessions Judge, Doda in case titled ' State vs Susheetal Abrol ' for the offence under Section 420-A RPC, in FIR No.54/2011, registered at Police Station, Thathri, whereby the respondent has been acquitted of the offence, he has been charged.

(2.) It is stated in the application that after the judgment was pronounced, an application for issuance of certified copy of the judgment was filed on 13.11.2017, which was issued on 16.11.2017. Thereafter, the matter was taken up with the Law Department for the grant of sanction letter. It is also stated that the matter was considered in the Law Department at various levels and the sanction was accorded for filing appeal vide Govt. Order No.2136-LD (ACQ) of 2017 dated 14.06.2017. At the relevant time, the Civil Secretariat was at Srinagar, as such, the sanction was received in the office of the learned Advocate General on 22.06.2017. It is further stated that there was vacations in the High Court from 10th June to 2nd July 2017 and the counsel could not be contacted during vacations. Immediately after the court reopened, the sanction was provided to the counsel, thereafter, the Senior Superintendent of Police, Doda was contacted for providing requisite assistance for filing an appeal. The requisite information was collected and sent to Jammu, however, the counsel for the applicant was out of the country on leave and immediately on her resuming work on 29.08.2017, the information was provided to her. It is also contended that after getting the requisite information, an appeal was drafted, however, the same got misplaced in the office of the counsel due to change in staff. On this fact coming to light, the appeal was drafted afresh and sent to Doda for signatures which is thereafter being filed without any further delay. The delay in filing the appeal is neither intentional nor deliberate. It, therefore, prayed that the delay of 425 days in filing the appeal may kindly be condoned.

(3.) Heard learned counsel for the petitioner and perused the record.