STATE OF SIKKIM Vs. GURMEY WANGCHUK WAZALINGPA @ GYURMEE

JUDGEMENT

(1.) The State-Appellant has filed the instant Application under Section 5 of Limitation Act, 1963 (for short "the Act"), seeking condonation of 158 (one hundred and fifty-eight) days in filing Leave to Appeal.

(2.) On the date fixed for hearing the instant matter, Learned Additional Public Prosecutor sought some time to file a better Affidavit, which was allowed vide Order of this Court dated 31-07-2017 and consequently filed. Learned Additional Public Prosecutor while seeking condonation of delay has put forth the chronology of events leading to the delay, being,

(3.) His submissions were buttressed by placing reliance on Basawaraj and Another vs. Special Land Acquisition Officer, 2013 14 SCC 81 and Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy and Others, 2013 12 SCC 649.