STATE OF SIKKIM Vs. LALL BAHADUR RAI

JUDGEMENT

(1.) I.A. No.01 of 2023 is an application filed by the Applicant under Sec. 5 of the Limitation Act, 1963, seeking condonation of 79 days delay in filing the instant Appeal.

(2.) Learned Additional Public Prosecutor while walking this Court through the Petition submits that the grounds for the delay have been detailed with specific dates. That, the official procedure prescribed took time and that apart wherever there has been a delay in the office of any particular officer it was for the reason that the concerned officer was engaged in other pressing official duties which required priority. That, the grounds put forth are sufficient to condone the delay. Hence, the application be allowed.

(3.) Learned Senior Counsel for the Respondent submits that the delay cannot be condoned for the reason that the Prosecution has failed to give sufficient grounds for the delay. Merely stating that the File moved from one office to the next that too within the Police Department which does not suffice to explain the delay. That, the delay must be for the reason that it was beyond the control of the Applicant however, this has not been delineated in the Petition. That, the Supreme Court in a plethora of judgments has detailed the principles on which the delay can be condoned. The grounds put forth by the Applicant do not fall within the ambit of the principles which have been elucidated by the Supreme Court. That, in the aforementioned circumstances, the application suffers from inadequacy of grounds and deserves a dismissal.