State Of Sikkim vs Jasbir Singh

Meenakshi Madan Rai, J

Heard the application under Section 5 of the Limitation Act, 1963, filed by the Learned Public Prosecutor, being I.A. No.01 of 2023.

Learned Additional Public Prosecutor reiterates the grounds given in the application for the delay of 187 days and prays that since the grounds for the delay are bona fide, 187 days be condoned and the application allowed.

Vehemently opposing the submissions put forth by Learned Additional Public Prosecutor, Learned Counsel for the Respondent submits that in the first instance the application does not indicate that the Public Prosecutor has any role to play in filing the Appeal as required by law and that the grounds set forth in the Petition do not suffice to condone the delay as it only reveals that the File moved from the table of one Officer to that of the next Officer.

We have given due consideration to the submissions put forth. Indeed the grounds reveal that the delay occurred only after the defects of the application having been filed under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter, "Cr.P.C.") was rectified and the application filed under Section 377 of the Cr.P.C., prior thereto there was no delay.

Having considered the grounds, we note that the delay has been sufficiently explained and accordingly condone the delay.

I.A. No.01 of 2023 stands disposed of.

Heard on admission.

Register and admit the Appeal.

Issue Notice to Respondent.

Learned Counsel for the Respondent is present on advance Notice and waives formal Notice.

Call for the records from the Learned Trial Court.

Let Paper-Books be prepared.

List on 29-11-2023.