Madhya Pradesh High Court
The State Of M.P. Thr. vs S.C. Dekate on 10 August, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.41125/2020
State of M.P. v. S.C. Dekate.
Gwalior, Dated :10.08.2021
Shri Ankur Mody, Additional Advocate General for
applicant/State through video conferencing.
None for respondent.
On 9.8.2021 also, none had appeared for respondent. On 27.7.2021 a statement was made by the Counsel for the respondent that since the respondent is confined in jail in some other offence, therefore, he may be granted sometime to file reply to the application filed under Section 5 of Limitation Act. It is further submitted that in case if the respondent fails to file reply to the application, then the application for condonation of delay can be considered without reply. It is not out of place to mention here that on 13.7.2021 also, the counsel for the respondent had prayed for time to file response to the application for condonation of delay. Today also, none appears for the respondent.
In view of order dated 27.7.2021, Shri Ankur Mody is heard on I.A. No. 19106/2020 on the question of condonation of delay.
It is submitted that proposal was sent by the District Prosecution Officer on 18.5.2020 for filing an appeal. The said proposal was considered by order dated 23.7.2020 and the Law and Legislative Department State of MP accorded sanction to file appeal. Accordingly, by order 28.08.2020 EOW, Gwalior forwarded the 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.41125/2020 State of M.P. v. S.C. Dekate.
papers to the counsel for the applicant and the application for grant of leave to appeal was drafted and was filed on 15 th of October 2020. It is submitted that due to complete lock-down after 24 th of March 2020, the entire work had come to a halt. Thereafter, the authorities were busy in maintaining law and order situation in the wake of Covid-19 Pandemic. Thus, some extra time was consumed by the Law and Legislative Department for grant of sanction for prosecution. Accordingly, it is submitted that situation was beyond the control of the applicant. Therefore, the delay in filing the application for grant of leave to appeal may be condoned.
Since, none appears for the respondent to oppose the application coupled with the fact that from 24 th of March 2020, there was a complete lock-down in the country and thereafter the authorities were busy in maintaining law and order situation as well as to ensure the availability of the medical facilities, this Court is of the considered opinion that sufficient cause has been made out by the applicant for condonation of delay. Accordingly, I.A. No.19106/2020 filed under Section 5 of Limitation Act is hereby allowed. The delay of 135 days in filing the application for leave to appeal is hereby condoned.
Heard on the question of admission.
This application under Section 378 (3) of Cr.P.C has been filed 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.41125/2020 State of M.P. v. S.C. Dekate.
seeking leave to appeal against judgment of acquittal dated 20 th of March, 2020 passed by Special Judge (Prevention of Corruption) Act, Morena in Special Sessions Trial No. 300008/2012 by which the respondent has been acquitted of offence under Section 13 (1) (c) r/w Section 13(2) of Prevention of Corruption Act and Sections 420, 120- B of IPC.
It is submitted by the Counsel for the applicant that on the recommendation of the respondent, subsidy was released in favour of certain persons/institutions which were not in existence at all. It is clear that the respondent had given forged recommendation, because of which, financial loss was caused and undue advantage was availed by the beneficiaries.
Considering the submissions made by the Counsel for the applicant, this Court is of the considered opinion that it is a fit case for grant of leave to appeal. Accordingly, the applicant is granted leave to file an appeal.
Office is directed to register this case as a Criminal Appeal. The appeal being arguable is admitted for final hearing. Issue bailable warrant of arrest in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) for appearance of respondent before registry of this Court on 30.11.2021 and on all other dates which may be fixed by the Registry in this behalf.
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THE HIGH COURT OF MADHYA PRADESH M.Cr.C.41125/2020 State of M.P. v. S.C. Dekate.
With aforesaid observations, this application filed under Section 378 (3) of Cr.P.C is finally disposed of.
(G.S. Ahluwalia) Judge ar ABDUR RAHMAN 2021.08.11 20:04:46 +05'30'