STATE OF JHARKHAND Vs. RAJESH RAM

JUDGEMENT

(1.) This application is filed to condone delay of 257 days in filing this appeal challenging the judgment dt. 3/8/2023 of the learned Single Judge in W.P. (S) No. 1124 of 2022.

(2.) In the application seeking condonation of delay, it is stated that after the judgment was pronounced on 3/8/2023, the Assistant Inspector General of Prison on 11/1/2024 endorsed the file to the Department of Home, Prison and Disaster Management, Government of Jharkhand, for seeking guidance for the purpose of filing LPA before the Court; on 24/1/2024, file was processed for seeking legal opinion from Law Department; the file was forwarded to the Advocate General, Jharkhand for his legal opinion on 29/1/2024; that he gave legal opinion for filing LPA on 13/2/2024. It is stated that on 28/2/2024 it was marked to the Legal Retainer for preparing grounds of appeal, they were drafted and sent to the office of the S.C. (L&C)-I for verification on 18/3/2024. Then, the LPA was filed on 16/5/2024.

(3.) From the facts narrated above, it is clear that though the judgment of the learned Single Judge had been pronounced on 3/8/2023, till 11/1/2024, i.e., for five months after the judgment was pronounced, nothing was done for filing of the LPA. Even after the Advocate General gave opinion to file LPA on 13/2/2024, the appeal was filed three months later, on 16/5/2024. Thus at every stage, there was negligence and inordinate delay on part of the applicants in pursuing the matter since, it is not as if the applicants were not aware that the time limit for preferring the said appeal is only thirty days from the date of judgment of the learned Single Judge.