STATE OF SIKKIM Vs. JASBIR SINGH

JUDGEMENT

(1.) Heard the application under Sec. 5 of the Limitation Act, 1963, filed by the Learned Public Prosecutor, being I.A. No.01 of 2023.

(2.) Learned Additional Public Prosecutor reiterates the grounds given in the application for the delay of 187 days and prays that since the grounds for the delay are bona fide, 187 days be condoned and the application allowed.

(3.) Vehemently opposing the submissions put forth by Learned Additional Public Prosecutor, Learned Counsel for the Respondent submits that in the first instance the application does not indicate that the Public Prosecutor has any role to play in filing the Appeal as required by law and that the grounds set forth in the Petition do not suffice to condone the delay as it only reveals that the File moved from the table of one Officer to that of the next Officer.