Gujarat High Court
State Of Gujarat vs Kamlesh @ Pankaj Kishorbhai Solanki on 6 July, 2015
Author: Anant S. Dave
Bench: Anant S. Dave, S.H.Vora
R/CR.MA/5287/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY)
NO. 5287 of 2015
In CRIMINAL MISC.APPLICATION NO. 5286 of 2015
In CRIMINAL APPEAL NO. 415 of 2015
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STATE OF GUJARAT....Applicant(s)
Versus
KAMLESH @ PANKAJ KISHORBHAI SOLANKI....Respondent(s)
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Appearance:
MR HK PATEL ADDL. PUBLIC PROSECUTOR for the Applicant(s) No. 1
MR MAULIK VAKHARIYA, ADVOCATE for the Respondent(s) No. 1
MR. CR BUDDHADEV, ADVOCATE for the Respondent(s) No. 1
MR.AKASH J PANDYA, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
and
HONOURABLE MR.JUSTICE S.H.VORA
Date : 06/07/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE ANANT S. DAVE)
1. Rule. Learned advocate Mr.C.R.Buddhadev waives service of rule on behalf of respondent-accused.
2. The applicant/original complainant of Criminal Appeal No.415 of 2015 has preferred this application under Section 5 of Limitation Act to condone the delay of 182 days in filing the above appeal arising out of judgment and order of acquittal passed on 3.6.2014 in Sessions Case No.7/2014 passed by the learned Additional Sessions Judge, Rajkot whereby the respondent is acquitted for the Page 1 of 4 R/CR.MA/5287/2015 ORDER offence under Section 302 of Indian Penal Code.
3. Learned APP for the applicant would rely on affidavit filed by In-charge Dy. Secretary of office of Government Pleader, High Court of Gujarat and submits that a proposal to file appeal was forwarded by concerned Public Prosecutor to the Legal Department vide letter dated 3.2.2015 but prior to that as per additional affidavit dated 29.6.2015 filed by Under Secretary, Legal Department, a procedure was adopted of forwarding a certified copy of the judgement and other case papers as required to concerned police station and thereafter it was received back by District Government Pleader, Rajkot, on 21.8.2014 and further the opinion of police department was finally received on 27.1.2015, which was sent to the Legal Department as above. No doubt according to learned APP there was delay in processing the file by the concerned police department of City of Rajkot, for which, an explanation is also sought for and it is submitted that all efforts are taken to see that in future such delay is avoided. According to learned APP as per ground stated in memo of appeal there is a prima facie case for admission of appeal and if the delay is not condoned, a good case will be lost in procedural technicalities. It is therefore, submitted that delay as above to be condoned, leave be granted accordingly and appeal be admitted.
4. Mr.C.R. Buddhadev, learned advocate for the respondent-accused would however vehemently oppose condonation of delay on the ground that as such there is no explanation about delay much less sufficient cause is Page 2 of 4 R/CR.MA/5287/2015 ORDER shown. It is submitted that the file for the subject judgement remained under consideration with police station and reason shown is pending workload and thereafter also for about 4 months no opinion was submitted to concerned Legal Department so that appropriate decision is taken. For the above days even filing additional affidavit by Under Secretary, Legal Department, delay remained unexplained and in absence of any sufficient cause, Court may not exercise discretion in favour of the applicant/State of Gujarat particularly when respondent has come to be acquitted by the trial Court upon appreciation of evidence on record. Therefore, accordingly to learned advocate, application for condonation of delay be rejected.
5. On consideration of submissions made by learned advocates for the parties, perusal of reasons/grounds stated in the application for condonation of delay and additional affidavit dated 29.6.2015 filed by Dy. Secretary, Legal Department, and keeping in mind the procedure undertaken by department of police, legal department and the office of the Government Pleader, High Court of Gujarat, sufficient cause is shown to exercise discretionary power as prayed for and accordingly we deem it just and proper to condone the delay.
6. Accordingly, application is allowed. Rule is made absolute to the aforesaid extend.
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(ANANT S.DAVE, J.)
(S.H.VORA, J.)
SMITA
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