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2021 Supreme(SC) 782

State By S. P. Through the Spe CBI – Appellant
Versus
Uttamchand Bohra – Respondent


Advocates appeared:
For the Petitioner(s):Arvind Kumar Sharma, Advocate
For the Respondent(s):Ramesh Allanki, Aruna Gupta, Syed Ahmad, Advocates

JUDGMENT

S. RAVINDRA BHAT, J.

1. This special leave petition was filed after a delay of 447 days. The successful respondent (Uttamchand Bohra, hereinafter “Uttamchand/respondent”), who was issued notice as to why delay in filing the petition should not be condoned, objected to the Court’s entertaining the petition, urging that the certified copy of the impugned order (delivered on 25.05.2017), was applied for on 13.03.2018 and eventually the petition was filed on 13.11.2018. Thus, total delay of 447 days occurred in filing of the petition, which is inordinate. It was urged that the application for condonation should not be countenanced, as no sufficient cause was shown.

2. On behalf of the Central Bureau of Investigation (hereinafter “CBI/prosecution”), Mr. Vikramjit Banerjee, learned Additional Solicitor General (hereinafter “ASG”) pointed to averments in the affidavit and supported the application seeking condonation of delay on the ground that the certified copy which had been originally applied for, could not be collected since the receipt was misplaced and as a result, the second certified copy was applied for. The matter had to be processed and official approvals obtained, which

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