ORDER :

1. Leave granted.

2. Heard Mr. Ritesh Kumar Chowdhary, learned counsel appearing for the appellant. Also heard Mr. Dileep Poolakkot, learned counsel appearing for the State of Kerala.

3. The challenge here is to the order (dated 23.06.2023) of the High Court whereunder, the State’s application for condonation of delay of 1184 days in presenting the Criminal Appeal was allowed. The impugned order reads as under:

“This application is filed seeking to condone the delay of 1184 days in filing the appeal. The appeal is filed against the judgment by which the trial court acquitted the respondent based on the decision in Mohanlal v. State of Punjab [2018 (3) KLT 852 (SC)]

2. Learned Public Prosecutor submitted that the law laid down as per the decision in Mohanlal (supra) was held per incuriam and overruled by Mukesh Singh. v. State Narcotic Branch, Delhi [2020 (10) SCC 120].

3. Learned counsel for the respondent submitted that a subsequent change in law cannot be a ground for condoning the delay, particularly when the appeal was not pending when the subsequent decision was rendered.

4. As the judgment under appeal is seen rendered solely based on the dictum in Mohanlal (supra) and the l