Madhya Pradesh High Court
The State Of Madhya Pradesh vs S.C. Dekate on 18 March, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH 1
MCRC 41103/2020
State of MP vs. SC Dekate
Gwalior, Dated :18/03/2021
Shri Ankur Mody, Addl. Advocate General for the applicant/
State.
Shri SK Sharma, Counsel for the respondent.
It appears that the Office has not registered the application filed under Section 5 of the Limitation Act. Accordingly, the Office is directed to register this application as IA.
This Court, by order dated 08/01/2021, had issued notice of the application to leave to appeal along with application for condonation of delay to the respondent. Although the respondent is served and represented, but no reply to the application for condonation of delay has been filed.
Considered the application for condonation of delay. According to the application, the impugned judgment was passed on 31/12/2019 and an opinion was sought from the DPO, Morena. Thereafter, the matter was forwarded to the Department of Law and Legislative Affairs The State of MP vide letter dated 18/02/2020. Permission was granted by order dated 06/05/2020 and accordingly, file was forwarded to the Office of Additional Advocate General and OIC was appointed to contact the counsel for filing an appeal. It is further submitted that thereafter, the application for grant leave to appeal was filed on 15/10/2020 for the THE HIGH COURT OF MADHYA PRADESH 2 MCRC 41103/2020 State of MP vs. SC Dekate reasons that there was a lock down due to Covid 19 pandemic.
The counsel for the respondent has vehemently opposed the application.
Considered the submissions.
The impugned judgment was passed on 31/12/2019. It is not out of place to mention here that before filing an appeal by the Department, certain formalities including sanction for grant of leave to appeal is required. A complete lock down was imposed w.e.f. 24 th March, 2020 and by various interim orders, the period of limitation has been extended by the Supreme Court. The sanction to file an appeal was granted on 06/05/2020. Since the local administration was busy in maintaining law and order situation, therefore, if there is further delay of five months in filing the application for grant of leave to appeal, then it cannot be said that it is an unexplained or unreasonable delay. Accordingly, the delay in filing the application for grant of leave to appeal is hereby condoned.
Also heard on merits.
Record of the Court below has been received. It is submitted by the Counsel for the applicant that the Trial Court has given unnecessary due weightage to minor discrepancies in the evidence of the witnesses. The applicant had proved the case against the respondent punishable under Section 13(1)(c) read with THE HIGH COURT OF MADHYA PRADESH 3 MCRC 41103/2020 State of MP vs. SC Dekate Section 13(2) of the Prevention of Atrocities Act, 1988 without reasonable doubt.
Considering the submission made by the Counsel for the State, this Court is of the considered opinion that it is a fit case for grant leave to appeal. Accordingly, the State Government is granted leave to file an appeal against the judgment of acquittal dated 31/12/2019.
The Office is directed to register this application as regular Criminal Appeal.
Also heard on the question of admission.
The appeal being arguable, is admitted for final hearing. Since the respondent is represented by his counsel, therefore, no further notice is required. However, he is directed to furnish a bail before the Trial Court in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the Trial Court, for his appearance before the Registry of this Court on 20th December, 2021 and on all other subsequent dates, which may be given by the Office in this regard.
With aforesaid, the MCRC is finally disposed of.
(G.S.Ahluwalia) Judge MKB MAHENDRA KUMAR BARIK 2021.03.22 18:46:22 +05'30'