( 1 ) "in a delay condonation application, filed in any appeal or application, under Sec. 5 of the Limitation Act, 1963, whether it is always incumbent upon the Court to mechanically issue notice to the other side before deciding the same, one way or the other, or in a given case, depending upon the gravity and seriousness of the offence and the question of "substantial justice" involved, applying the test of exercising discretion by a right-minded man, the delay in question can be condoned even without issuing notice to the respondents ?"this, in short, is the question of quite great importance which has been taken up for consideration in the back-drop and context of the following facts :

( 2 ) TO briefly narrate few relevant facts as far as they are necessary to decide the question raised above, it may be stated that the State of gujarat has filed an appeal for enhancement of sentence against the impugned judgment and order of sentence dated 18-7-1992, rendered in sessions Case No. 79 of 1991, wherein respondent Ramesh L. Chauhan who came to be tried for the alleged offences punishable under Secs. 376, 323, 506 of the I. P. C. , was at the end of trial ordered to b