( 1 ) THE matter referred to this Full Bench raises an important question having bearing on the right of an accused viz. , Can delay in filing of an appeal by the State be condoned without giving an opportunity of hearing to the accused?

( 2 ) THE State of Gujarat preferred an appeal being aggrieved by an order of acquittal recorded by the learned Special Judge, City Sessions Court, ahmedabad wherein the accused Kailashchandra Badriprasad and Ors. , were tried for an offence punishable under Sec. 3 of the Essential Commodities Act in special Case No. 4 of 1993. As there was delay of 81 days in filing the appeal, the State preferred Misc. Criminal Application No. 4735 of 1995 for condonation of delay under Sec. 5 of the Limitation Act, 1963.

( 3 ) THE attention of the Division Bench hearing the application filed by the State against Kailashchandra Badrinath and Ors. , was drawn to the decision of a Division Bench in case of State of Gujarat v. Ramesh L. Chauhan, reported in 1994 (2) GLR 1577, inter alia, requesting that the Court in exercise of its discretionary powers, can condone the delay in instituting an appeal or revision without hearing the other side.

( 4 ) THE