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Supreme Court Of India
STATE OF RAJASTHAN - Appellant
Versus
CHANDA ALIAS CHANDKORI - Respondent
SLP (Cri) 5605 Of 2006
Decided On : 09/24/2007
Advocates Appeared :
Ajay Veer Singh, Ansar Ahmad Chaudhary, B.S.Jain, MAMTA JAIN, MANISH KUMAR, NEHA TIVARI, VIPIN GUPTA
Delay Condonation - Appeal against Acquittal - The court condoned the delay in filing the appeal against the acquittal judgment due to the peculiar facts and circumstances of the case. The High Court's cryptic order dismissing the application for leave to appeal without proper reasons and due application of mind was set aside, and the matter was remitted back to the High Court for passing an order after showing due application of mind.
Fact of the Case:
The appeal was filed against the judgment and order of the High Court dismissing the application for leave to appeal against an acquittal judgment without proper reasons and due application of mind.
Finding of the Court:
The court found that the delay in filing the appeal was condoned due to the peculiar facts and circumstances of the case. The High Court's order was set aside, and the matter was remitted back to the High Court for passing an order after showing due application of mind.
Issues: Delay in filing the appeal, High Court's order lacking proper reasons and due application of mind
Ratio Decidendi: The delay in filing the appeal was condoned, and the High Court's order was set aside due to the lack of proper reasons and due application of mind.
Final Decision: The appeal was allowed, and the matter was remitted back to the High Court for passing an order after showing due application of mind.
( 1 ) WE have heard learned counsel for the parties.
( 2 ) DELAY condoned.
( 3 ) LEAVE granted.
( 4 ) THIS appeal is barred by time by 260 days. Ordinarily we may not have condoned such a long delay, and we do not appreciate the delays caused in filing Special Leave Petitions by the Government before this Court. Such kind of delay causes grave injustice to the parties. However, in the peculiar facts and circumstances of the case, we condone the delay. This appeal is directed against the judgment and order dated 14th July, 2005 passed by the High Court of Judicature for Rajasthan at Jaipur bench, Jaipur in D. B. Criminal Leave to appeal No. 165 of 2005 whereby the division Bench of the High Court had passed a cryptic order dismissing the application for leave to appeal against an acquittal judgment without giving proper reasons and without showing due application of mind. While disposing of an application for leave to appeal against an acquittal, it is expected that the High Court should pass a speaking order showing due application of mind. Of course the said order need not be as elaborate as a full fledged judgment, but at least briefly some reasons should be given. That has not been done in this case. Hence we cannot sustain the impugned order dated 14th July, 2005 passed by the High Court. We set aside the order of the high Court and remit the matter back to the High Court for passing an order after showing due application of mind. The appeal is accordingly, allowed. Appeal allowed.
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